Statute of Limitations

California Statute of Limitations Attorney

The statute of limitations is a limit as to the time that the District Attorney`s office can file charges on a case. The statute of limitations usually depends on the maximum punishment allowed. In misdemeanor cases, the District Attorney`s office has up to one year from the date of incident to file charges. In felony cases where the maximum punishment is eight years in prison, the District Attorney`s office usually has up to three years to file charges; in felony cases where the maximum punishment is more than eight years in prison, the District Attorney`s office has up to six years to file charges. In cases where the maximum penalty is death, a life sentence or a life sentence without parole, then there is no time limit to file charges. There is also no time limit to file charges in cases involving the embezzlement of public money. There are some exceptions to these rules for certain types of sex crimes or fraud crimes. If a crime is a wobbler, but charged as a misdemeanor, the District Attorney`s office time limit to file charges depends on the maximum felony punishment.