The felony statute of limitations in California runs from three years to no limit at all, depending on how serious the offense is. Three years is the default for most felonies. Six years applies when the crime carries a potential sentence of eight or more years. Fraud and elder-abuse offenses have their own windows, certain sex crimes and any offense punishable by death or life in prison have no deadline, and several rules can push the start date later or pause the clock once it’s running.
Three Years for Most Felonies
Penal Code 801 sets the default: prosecution for a felony punishable by state prison must begin within three years of the date the offense was committed.1California Legislative Information. California Penal Code 801 This is the catch-all for any felony that doesn’t fall under a longer or shorter specific rule. Assault with a deadly weapon and second-degree burglary are typical examples, because their maximum sentences fall below eight years.
Six Years for Felonies Carrying Eight or More Years
When a felony is punishable by eight or more years in state prison, Penal Code 800 gives prosecutors six years to file.2California Legislative Information. California Code Penal Code 800 First-degree robbery and arson causing great bodily injury commonly fall here. The eight-year threshold is sentence-based, so enhancements can push a crime that looks moderate on paper into the six-year category.
Four Years for Fraud and Fiduciary Offenses
Felonies that have fraud or breach of a fiduciary duty as a core element carry a four-year limit under Penal Code 801.5. The four years runs from when the offense was discovered or completed, whichever comes later.3California Legislative Information. California Penal Code 801.5 Grand theft, embezzlement from an elder or dependent adult, and misconduct in public office fit this category. The discovery-based start date matters because these crimes are usually hidden by design.
Five Years for Elder and Dependent Adult Abuse
Penal Code 801.6 gives prosecutors five years for crimes against elder or dependent adults, provided the offense doesn’t involve theft or embezzlement. When theft is involved, the four-year discovery rule under Penal Code 801.5 takes over instead.
Sex Offenses
The rules here changed in 2016. The Justice for Victims Act (Senate Bill 813) eliminated the statute of limitations for rape, rape in concert, and continuous sexual abuse of a child when the offense was committed on or after January 1, 2017, or when the prior deadline had not yet run. Those offenses now have no time limit under Penal Code 799(b).4California Legislative Information. California Code Penal Code 799 For other sex offenses not covered by that provision, Penal Code 801.1 generally sets a 10-year limit.
Crimes With No Deadline
Penal Code 799(a) removes the statute of limitations entirely for any offense punishable by death or life in prison.4California Legislative Information. California Code Penal Code 799 Murder is the obvious example; aggravated kidnapping and other offenses carrying a life sentence are also covered. Embezzlement of public money has no deadline either, regardless of amount.
When the Clock Starts
For most felonies, the clock starts the day the crime is committed. The main exception is the discovery rule in Penal Code 803(c): when fraud, breach of a fiduciary obligation, or public-office misconduct is a core element, the period doesn’t begin until the offense is discovered or reasonably should have been discovered.5California Legislative Information. California Code Penal Code 803 Theft from and embezzlement of an elder or dependent adult trigger the same rule. The clock starts when a reasonable person would recognize that a crime occurred.
What Can Pause the Clock
Time Spent Out of State
If a defendant leaves California after committing a felony, time spent out of state doesn’t count against the statute of limitations, up to a maximum pause of three years.5California Legislative Information. California Code Penal Code 803 Leaving the state indefinitely won’t freeze the clock forever; the tolling caps at three years total.
Sex Crimes Against Minors
Under Penal Code 803(f), even after the ordinary limitations period has expired, a criminal complaint can be filed within one year of the date a person of any age reports to California law enforcement that they were the victim of certain sex crimes while under 18.5California Legislative Information. California Code Penal Code 803 This isn’t automatic. The crime must have involved substantial sexual conduct, and independent evidence must corroborate the allegation. If the person reporting is 21 or older, the corroboration standard is higher.
DNA Identification
When DNA evidence conclusively identifies a suspect in a sex crime requiring registration, Penal Code 803(g) gives prosecutors one year from the date of that identification to file charges.6California Legislative Information. California Penal Code 803 The biological evidence must have been analyzed within deadlines that depend on when the crime occurred.
What Happens When the Time Runs Out
Once the statute of limitations expires, prosecutors lose the legal authority to file charges for that offense. If a case is filed anyway, the defense can challenge it by demurrer or motion to dismiss, and the court will throw it out. This is a hard cutoff, not a discretionary call. A defendant who isn’t charged within the applicable window is permanently free from prosecution for that crime.
What matters is when the formal prosecution begins, typically the filing of a complaint or indictment. Arrests, investigations, and grand jury proceedings that start before the deadline don’t violate the statute even if they extend past it, which is why investigations in complex fraud cases often run right up to the final day.