How Long They Have To Charge You
Penal Code 801 — three years for a prison felony, one for most misdemeanors, none for the gravest
| The offense | Time to commence |
|---|---|
| The offensePunishable by death or life imprisonment, or embezzlement of public money | Time to commenceAny time |
| The offensePunishable by imprisonment in the state prison, or under subdivision (h) of section 1170 | Time to commenceThree years after commission |
| The offenseAny other offense, such as most misdemeanors | Time to commenceOne year after commission |
In California, the longer periods apply only where the code says so. Certain serious sexual offenses the section lists may be prosecuted at any time, and some misdemeanors carry two or three years, among them an offense against a minor under 14 under section 647.6.
Other sections set longer periods for particular felonies, and when the time pauses. They are not reproduced here. Whether a charge was brought in time is a question for a court and for a licensed California attorney.
Sources for this section (3)
- Penal Code 799 — Offenses with no limitation
- Penal Code 801 — Limitation for felonies punishable by imprisonment
- Penal Code 802 — Limitation for misdemeanors
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.