In the realm of law, the statute of limitations establishes a timeframe within which legal proceedings must commence. For civil cases, it allows a predefined period for individuals to initiate a lawsuit. Failure to file their claim within this set period may lead to the dismissal of their case. In the realm of criminal justice, most crimes must adhere to a specified statute of limitations, for example, 5 years. If a prosecutor fails to file charges within this duration, the individual cannot be indicted for that crime.
Nonetheless some offenses in California are not subjected to a statute of limitations. Keep reading to learn more about what offenses are not subject to a statute of limitations and contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation if you are facing criminal charges.
Exceptions to the Statute of Limitations Under California Law
Under Californian law, three categories of crimes are exempt from the statute of limitations:
- Any crime carrying a death sentence (for instance, first-degree murder).
- Any offense punishable by a life sentence or life without parole (such as an attempt to commit first-degree murder).
- Embezzlement of public funds.
It's noteworthy that all other offenses do carry a statute of limitations, which varies based on the severity of the crime. Felony offenses typically carry a 3-year statute of limitations, while crimes punishable by 8 or more years in prison carry a 6-year limit. Most misdemeanor offenses are associated with a 1-year statute of limitations.
When Does the Statute of Limitations Clock Begin?
The clock for the statute of limitations in criminal cases begins not when the crime is committed, but when it is discovered. This is significant as certain offenses may not be immediately detected. For instance, if someone fraudulently writes checks to themselves while caring for an elderly individual – a case of elder financial abuse – it may go unnoticed until a thorough review of the elderly person's finances is undertaken. The statute of limitations clock commences when law enforcement becomes aware of the crime.
The statute of limitations serves to maintain fairness in the criminal justice process, particularly for defendants. As time passes, evidence may get lost or destroyed, and witnesses' recollections may become unreliable. Hence, it's crucial to have restrictions on how long after an event a crime can be charged.
However, these time restrictions don't apply to grave offenses like murder. For instance, the case of the Golden State Killer, arrested in April 2018 for eight first-degree murders committed between 1974 and 1986, highlights this. Interestingly, he wasn't charged for over 50 rapes committed during the same period due to the 10-year statute of limitations for rape in California at that time, which was revised in 2017.
The Challenge of Defending Decades-Old Charges
Being indicted for a murder committed years or even decades ago can make it exceedingly challenging to mount a robust defense. An experienced defense attorney can help unearth vital facts and construct a solid defense strategy. For individuals in Southern California facing criminal allegations, you can reach out to Law Office of Michael L. Fell at (949) 585-9055 to schedule a free initial consultation.