If there is reason to believe you could be arrested for a theft crime from an incident that happened months or even years ago, you might wonder: how does the statute of limitations apply to the situation? Keep reading for all the details. If you are worried that you might be arrested, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

One to Three Years Applies to Most Theft Charges

For most California theft charges, the statute of limitations is three years if the charge is a felony and a single year if the charge is a misdemeanor. This means that if the prosecution wants to charge you for a crime that has happened more than one year ago, but fewer than three years ago, they must charge you with a felony. The purpose of the statute of limitations is to preserve fairness for the defendant so that they are able to defend themselves.

Examples of Misdemeanor and Felony Theft Charges

Some of the most common theft offenses are charged as misdemeanors, including petty theft, receiving stolen property when the value is $950 or less, and shoplifting. Common felony theft charges include first-degree burglary and robbery. Finally, many theft crimes are wobblers, which means that the prosecutor can decide to charge them as a misdemeanor or a felony. In this case, the statute of limitations would depend on how the prosecutor was charging the offense.

What You Need to Know About the Discovery Rule

It is important to understand how the Discovery Rule could affect your case. It is used to determine when the date begins for the statutory period. It says that the clock starts when the offense is discovered. As an example, if someone committed a theft crime on January 1st, 2018, but the police did not learn about it until January 1st, 2020, the statute of limitations would begin on January 1st, 2020.

An Attorney is the Best Person to Explain How the Statute of Limitations Affects Your Specific Case

Every case is different and it is important to know that there are exceptions to many of these rules. If you have been accused of a theft crime, or have reason to believe that you might be, then you should talk to an attorney to find out how the statute of limitations might affect your case. In fact, you can do so now by calling Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.