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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 offenseTime to commence
The offensePunishable by death or life imprisonment, or embezzlement of public moneyTime to commenceAny time
The offensePunishable by imprisonment in the state prison, or under subdivision (h) of section 1170Time to commenceThree years after commission
The offenseAny other offense, such as most misdemeanorsTime to commenceOne year after commission
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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)
  1. Penal Code 799 — Offenses with no limitation
  2. Penal Code 801 — Limitation for felonies punishable by imprisonment
  3. 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.

On the clock

2 periods on this page run out. Each is stated above with its authority; this is the same thing with the date attached.

  • 1 yearThe state's time to commence a prosecution for a misdemeanor · from the offense being committed
  • 3 yearsThe state's time to commence a prosecution for a prison offense · from the offense being committed

From here

Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.