The statute of limitations is a time limit within which a case must be brought in the legal system. The statute of limitations in civil disputes gives people a specified amount of time to initiate a lawsuit. Their lawsuit will be barred if they do not file their claim within that time frame.
Similarly, most criminal acts must be filed within a certain statute of limitations, such as five years, in the criminal justice system. If a prosecutor fails to file criminal charges within that time frame, the person will not be charged with the crime.
However, some California offenses do not have a statute of limitations. Keep reading to learn what they are and then contact Chambers Law Firm at 714-760-4088 for a free legal consultation if you are facing any of these charges.
There are three sorts of criminal offenses in California that do not have a statute of limitations
Any offense that is punishable by death (such as first-degree murder); any offense that is punishable by life in prison or life without the possibility of parole (such as first-degree attempted murder); and any offense that is punishable by life in prison or life without the possibility of parole (such as first-degree robbery).
All other offenses, however, are subject to a statute of limitations. The statute of limitations for each offense is different. For example, felony crimes have a three-year statute of limitations. Any felony punished by more than eight years in jail, on the other hand, has a six-year statute of limitations. Misdemeanor offenses usually have a one-year statute of limitations.
The start of the statute of limitations
In a criminal case, the statute of limitations begins to run when the crime is found, not when it is committed. This is a crucial distinction to make because some crimes are not immediately discovered. For example, if someone conducts elder financial abuse by illegally writing checks to oneself while caring for an elderly person, it may not be found until someone else looks into their money. The clock doesn’t start ticking until police enforcement learns of the offense.
The purpose of the statute of limitations
The statute of limitations is intended to make the criminal justice system more equitable, especially for defendants. Evidence might be lost or destroyed over time, and witnesses’ memories can degrade. As a result, it is critical to set time limits on how long a crime can be prosecuted after it has occurred.
These time constraints, of course, do not apply to heinous crimes like murder. You are not “off the hook” if you commit a murder and there is insufficient evidence to establish a criminal charge at the time the body is discovered. If the prosecutor obtains evidence, they can charge you with murder for 5, 10, 20, or more years.
The Golden State Killer, for example, was apprehended in April 2018 and charged with eight charges of first-degree murder committed between 1974 and 1986. Importantly, the suspected Golden State Killer was not charged for over 50 rapes because California’s statute of limitations for rape was 10 years until a change in the law in 2017.
Being accused with a murder that occurred years or even decades ago can make defending against the charge more difficult. A competent murder defense lawyer can assist you in gathering evidence and developing defenses to the charge. Contact Chambers Law Firm at 714-760-4088 for help today.
