How long does California have to file criminal charges?

California charging deadlines scale with the offense: one year for most misdemeanors (Penal Code section 802), three years for most felonies (section 801), six years for felonies punishable by eight or more years (section 800), and no time limit for offenses punishable by death or life imprisonment, such as murder (section 799).

It scales with the seriousness of the offense. Most misdemeanors must be charged within one year of the crime (Penal Code section 802). Most felonies carry a three-year period (section 801); felonies punishable by eight or more years in prison get six years (section 800). At the top, offenses punishable by death or life imprisonment, murder among them, and embezzlement of public money may be prosecuted at any time (section 799). Special rules displace the defaults: many sex crimes against minors can be charged until the victim turns 40 (section 801.1), fraud and fiduciary offenses run from discovery rather than commission (section 803(c)), and DNA identification can revive certain cases within one year of a match (section 803(g)). The period is tolled while the defendant is out of state (section 803(d)). These are charging deadlines, not arrest deadlines, and once charges are filed, separate speedy-trial rights take over.

Authority: Cal. Penal Code §§ 799–802