In the legal world, the statute of limitations is a period of time after an alleged crime or incident in which prosecution or a legal suit may be initiated against you. This can be thought of as a deadline or cut-off date for someone to sue or prosecute you after an incident. Without a statute of limitations, you could be blind-sided by a sudden, unexpected lawsuit or prosecution for an incident that occurred ages ago.
The law recognizes that people need to be protected from such surprise litigation because over time, evidence can disappear, memories fade, witnesses become unavailable, crime scenes change, or a number of other things that would unduly make it difficult to build a defense.
The California law that governs how long a prosecuting attorney has to initiate prosecution is contained in Penal Code 799-805. The general provisions hold that:
Any offense that is punishable by death (i.e. murder) or a life sentence in state prison has no statute of limitation.Prosecution can begin at any time
Any offense that involves embezzling public funds (i.e. unemployment insurance fraud) also has no statute of limitations.
If a felony crime is punishable by eight years or more in state prison, the statute of limitations is six years after the offense is committed.
If a felony crime is punishable by less than eight years in state prison, the statute of limitations is three years after the offense is committed.
A misdemeanor crime which is not punishable by death or state prison has a statute of limitations of one year after the offense is committed.
There are also a number of provisions for special types of crimes. For example, for a number of sexual crimes against children, the statute is “tolled” until the child is 21 years old. This means that the time will not begin to run until the child reaches the age of 21 years.
Facing criminal allegations can be a very difficult and trying experience. You will need the knowledge and expertise of a criminal defense firm. Our associates at Wallin & Klarich have over 40 years of experience and can represent you in your matter to ensure the best possible results for you. Call us today at 888-749-0034. We will be there for you when you call.
AUTHOR: Paul Wallin
Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney.
Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.
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