The California misdemeanor statute of limitations is one year for most offenses, meaning prosecutors must file a criminal complaint within 12 months of the date the crime was committed.1California Legislative Information. California Penal Code 802 Several categories of misdemeanors carry longer windows, wobbler offenses get the three-year felony clock even when charged as misdemeanors, and time spent outside California can pause the countdown.
The One-Year Default
Penal Code 802(a) sets the baseline: any offense not punishable by a state prison sentence must be prosecuted within one year of the date the crime was completed.1California Legislative Information. California Penal Code 802 Because misdemeanors by definition carry county jail time rather than state prison time, this one-year window covers the majority of misdemeanor offenses, including petty theft, simple assault, simple battery, and public intoxication.
The clock starts on the date the criminal act was completed. Not when the victim reports it. Not when police open an investigation. Not when the district attorney sees the file. If you shoplift on March 1, prosecutors have until the following March 1 to file charges.
The broad discovery rule that delays the clock for certain fraud and fiduciary offenses under Penal Code 803(c) applies only to crimes punishable by state prison time, so it does not extend the deadline for a standard misdemeanor.2California Legislative Information. California Penal Code 803 For everyday misdemeanor charges, when someone found out about the offense is irrelevant to the deadline.
Misdemeanors With Longer Deadlines
Penal Code 802 carves out several categories where prosecutors get more than a year. These exceptions exist because the offenses involve vulnerable victims, hidden misconduct, or industries where violations take time to surface.1California Legislative Information. California Penal Code 802
Child Annoyance or Molestation
A misdemeanor charge of annoying or molesting a child under 14 carries a three-year statute of limitations. Child victims often do not disclose what happened right away, and the extended window accounts for that.
Domestic Violence
California extended the statute of limitations for domestic violence offenses to five years from the date of the incident through SB 273, and that window covers misdemeanor as well as felony charges. Misdemeanor domestic battery that once had to be filed within a year now falls under this five-year deadline.
Insurance Agent Violations
Misdemeanor violations involving insurance agents acting without proper authority have a two-year statute of limitations under Penal Code 802(c).
Contractor Licensing Violations
Misdemeanors tied to California’s contractor licensing laws follow a graduated schedule under Penal Code 802(d):
- One year for certain administrative violations related to contractor licensing records
- Two years for offenses involving licensed contractors who violate contract, advertising, or home improvement rules
- Three years for violations involving fraudulent use of contractor license numbers
- Four years for contracting without a license
Certain Professional and Real Estate Misdemeanors
Some business and professional licensing misdemeanors, including unauthorized practice of law, certain real estate licensing violations, and mortgage-related misconduct, have a three-year deadline that runs from either the discovery of the offense or its completion, whichever is later. The discovery trigger matters here because victims of these schemes often do not realize anything illegal happened until long after the transaction closed.
Wobblers Use the Felony Clock
California has a large category of crimes known as wobblers, which prosecutors can charge as either a felony or a misdemeanor. Stalking, assault with a deadly weapon, and vandalism over a certain dollar amount are common examples. Penal Code 805 resolves the statute of limitations question for wobblers by treating every offense as punishable by its maximum possible sentence. Because wobblers can be charged as felonies, they carry the three-year felony statute of limitations, not the one-year misdemeanor window, even if the prosecutor ultimately files the case as a misdemeanor.
This catches people off guard. If an incident happened two years ago and the offense qualifies as a wobbler, charges can still land even though a straight misdemeanor would be time-barred. One of the first things a defense attorney checks when evaluating a limitations defense is whether the offense is a straight misdemeanor or a wobbler.
Out-of-State Time Pauses the Clock
If the person who committed the offense leaves California, the statute of limitations pauses. Under Penal Code 803(d), any time the defendant spends outside the state does not count toward the filing deadline, up to a maximum pause of three years.2California Legislative Information. California Penal Code 803
Suppose someone commits a misdemeanor with a one-year deadline and immediately moves to Nevada. Two years pass. When they return to California, the full one-year window is still waiting because the out-of-state time didn’t count. The three-year cap means the tolling stops adding time after three years, even for someone who stays away for a decade. The point is to prevent people from running out the clock by crossing the state line.
Beyond this out-of-state provision, tolling is rare. Penal Code 803(a) says the limitation period is not tolled or extended “for any reason” except as specifically provided in that section. Time during which another prosecution for the same conduct is already pending also does not count against the deadline.
What Counts as Filing Charges in Time
The statute of limitations requires prosecution to be “commenced” within the deadline, and Penal Code 804 defines exactly what that means. For a misdemeanor, prosecution begins when the prosecutor files a criminal complaint. Prosecution is also deemed commenced when an arrest warrant or bench warrant is issued, as long as the warrant identifies the defendant with enough specificity.3California Legislative Information. California Penal Code 804
An arrest alone does not satisfy the requirement. Neither does a police report or an active investigation. The critical moment is the formal filing with the court. Charges filed one day past the deadline are time-barred.
If the Deadline Has Passed
An expired statute of limitations strips the prosecution of authority to pursue the case. If charges are filed late, the defense can move to dismiss, and the court should grant that motion. The protection is not automatic in the way most people assume. The defendant or their attorney generally has to raise the issue. A court will not necessarily flag an expired deadline on its own, and a defendant who pleads guilty without raising the statute of limitations typically loses the argument.
Even after charges are filed on time, California imposes separate speedy-trial deadlines. A misdemeanor defendant who is in custody must be brought to trial within 30 days of arraignment, and an out-of-custody defendant within 45 days.4California Legislative Information. California Penal Code 1382 These run independently of the statute of limitations but serve a similar function once the case is underway.