statute of limitations

The statute of limitations for a crime is the length of time that a person can be charged with committing that crime. If the statute of limitations has passed, and no criminal charges have been made, prosecutors may try to still apply criminal charges. However, an experienced attorney will be able to defend against such actions if charges are brought about after the statute of limitations has expired.

When a crime is committed, law enforcement will investigate the incident. When the perpetrator or perpetrators of the crime are unknown, the police will be looking for a person of interest who may have committed the offense.

Even if you are not an official person of interest, law enforcement may be an ongoing presence in your life. It is normal to feel distressed, anxious, and uneasy if your life is constantly being scrutinized by law enforcement.

Similarly, if you were arrested for a crime, but the prosecution did not charge you, you would be let go. However, the prosecution may still believe that you have a connection to the crime, and if they want to charge you, they will keep on your case. This too is a perplexing and upsetting position for anyone.

When Does the Time Run Out for Law Enforcement to Charge Individuals With Crimes?

The classification of crime, whether a felony or misdemeanor, will impact the duration of time in which a prosecutor can bring charges. Once the police establish that a crime has taken place, the statute of limitation begins to toll. In California, misdemeanor crimes typically have a one-year statute of limitations, while felonies have three years. There are some deviations from this general rule, in which the statute of limitations has different time frames:

Assault and battery misdemeanors have one year while felonies have three years.
Theft crimes in San Diego are one year for misdemeanors and three for felonies.
Fraud of public money and any crime that has the death penalty, life in prison, or life in prison without parole have no statute of limitations.
Forcible rape has no statute of limitations.
Violent or forceful rape of a spouse has no statute of limitations.
Murder has no statute of limitations.
Gang rape has no statute of limitations.
Treason has no statute of limitations.
Aggravated kidnapping has no statute of limitations.
Felonies, where at least eight years or more behind bars can be assessed, have a six-year statute of limitations.
Making child pornography or not registering as a sex offender when a conviction exists has a 10-year statute of limitations.
Elder abuse has a five-year statute of limitations.
Various forms of fraud can have a four-year statute of limitations.
Medical professionals who have committed sexual crimes against their patients have a two-year statute of limitations.

In the ongoing saga of rape allegations against comedian Bill Cosby, California has become one of two states that has proposed a law that would extend the statute of limitations in the prosecution of rape cases. The proposed bill, which passed both houses of the Legislature, follows a new law in Nevada that increases the legal deadline for rape prosecution from four to 20 years. In California, the statute of limitations to prosecute a rape case is currently 10 years. Almost three dozen states, including the District of Columbia, have statute of limitations on filing sexual assault charges or lawsuits.

The state’s governor, Jerry Brown, who has had a history of vetoing bills extending legal deadlines for filing lawsuits over child sex abuse, must approve or sign into law the bill by the end of the month.

This bill however, is not the only one Governor Jerry Brown must decide to veto or approve. The California legislature, in response to the outrage over the six-month jail sentence for Stanford University swimmer Brock Turner also passed a bill that would mandate a minimum three-year sentence for those convicted of rape or sexual assault. The proposed bill would eliminate a judge’s discretion to sentence defendants convicted of such crimes to probation. Brock Turner was released from jail earlier this month for ‘good behavior,’ after serving three months (half) of his sentence. Had this proposed law been in place, he would still be in jail.

What are Statutes of Limitations?

Every state has something called a statute of limitations, which is generally defined as the time limit for a criminal or civil action. In other words, once a statute of limitations has passed, one may no longer be prosecuted or sued for his or her crimes. A statute of limitations typically begins to run from the date the injury or crime was discovered.

In California, the state’s code has specific time limits for specific crimes, such as fraud, injury to personal property, and malpractice. The current California statute of limitations on prosecuting felony rape and sexual assault cases is 10 years after the crime occurs, or for incidents involving minors, until they reach the age of 26. Continue reading

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What is the Statute of Limitations for a Crime in California?

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