Estimate the general deadline
Choose a type of offense and a date.
This shows the general rule only. Many offenses have their own rules, and the clock can pause.
The general rules
| Offense | General deadline | Law |
|---|---|---|
| Most misdemeanors | 1 year | Penal Code § 802 |
| Most felonies | 3 years | Penal Code § 801 |
| Felonies punishable by 8 years or more | 6 years | Penal Code § 800 |
| Felony theft, fraud and embezzlement | 4 years after discovery | Penal Code §§ 801.5, 803(c) |
| Murder; crimes punishable by death or life in prison | No limit | Penal Code § 799 |
Important exceptions
- Sex offenses have their own, often much longer, limits, and some have none.
- Time out of state generally pauses the clock, for up to three years (Penal Code § 803(d)).
- Discovery rules start the clock later for some fraud, theft and public-corruption crimes.
- Filing a complaint, an indictment or an arrest warrant generally counts as starting the prosecution (Penal Code § 804), so an arrest is not required within the period.
If you think you are under investigation
Don’t try to wait out a deadline on your own, and don’t talk to investigators without a lawyer. Statements made now can be used later. Eric can review your situation confidentially and, where it makes sense, deal with investigators for you.
Law cited: Penal Code §§ 799, 800, 801, 801.5, 802, 803. Last reviewed October 2026.
General information, not legal advice. Every case is different.