California Penal Code § 801 PC – Statute of Limitations for Felonies

In California criminal law, the statute of limitations sets a legal deadline for the state to file criminal charges after a crime takes place. This concept exists to promote fairness in the justice system, ensuring that individuals are not prosecuted for acts committed long ago when evidence may have disappeared or memories faded.

Among the various statutes defining these time limits, California Penal Code § 801 PC outlines the rule for most felony cases. Understanding this section of the law can be critical for both defendants and victims.

What Penal Code § 801 PC States

According to Penal Code § 801 PC, prosecution for an offense punishable by imprisonment in the state prison must be commenced within three years after the commission of the offense, except as otherwise provided in Sections 799, 800.

The full text of the statute reads as follows:

801. Except as provided in Sections 799 and 800, prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within three years after commission of the offense.

In simple terms, most felony crimes in California must be prosecuted within three years from the date the offense occurred, unless another law specifies a different time frame.

This rule serves as the general time limit for felony prosecutions that are punishable by state prison time but are not covered by separate statutes with longer or shorter limitations.

Why the Statute of Limitations Exists

The law provides these time limits for several important reasons:

1. Fairness to Defendants:
   Over time, memories fade and evidence may disappear. Limiting how long prosecutors have to bring charges helps ensure defendants receive a fair trial.

2. Encouragement of Timely Action:
   Statutes of limitation motivate law enforcement and prosecutors to act quickly, preventing unnecessary delays in the justice process.

3. Closure for All Parties:
   After the statutory period expires, individuals gain peace of mind knowing they can no longer be charged for that offense.

4. Preservation of Reliable Evidence:
   Cases based on stale evidence or outdated witness testimony are less likely to result in accurate or just outcomes.

How the Three-Year Rule Works

1. When the Clock Starts

The countdown begins on the date the alleged felony is committed. For instance, if a theft took place on July 1, 2022, the prosecution generally must file charges by July 1, 2025.

However, certain factors—such as concealment of the crime, time spent out of state, or delayed discovery—can pause (“toll”) the running of this clock.

2. Filing After the Time Limit

If prosecutors file charges after the statute of limitations has expired, the defense can file a motion to dismiss the case. Once the limitation period passes, the government loses the legal right to pursue prosecution. Courts typically have no discretion to extend this time unless an exception applies.

Felony Crimes Covered by Penal Code § 801 PC

The three-year statute of limitations generally applies to felonies punishable by imprisonment in state prison that do not have specific statutes providing longer or unlimited time frames.

Common examples include:

• Burglary (Penal Code § 459)

• Forgery (Penal Code § 470)

• Grand Theft (Penal Code § 487)

• Embezzlement (Penal Code § 503)

• Assault with a Deadly Weapon (Penal Code § 245(a)(1))

• Possession of Drugs for Sale (Health & Safety Code § 11351)

If a felony carries a potential sentence of less than eight years and isn’t covered under another provision, § 801’s three-year limitation usually applies.

Felonies With Longer or No Limitations

Certain serious crimes are treated differently. California law provides separate timelines for specific offenses:

These sections show that § 801 acts as a default rule, filling the gap when no special statute applies.

Tolling and Exceptions

California Penal Code § 803 PC lists several situations that can pause or extend the statute of limitations. These exceptions ensure fairness when circumstances make immediate prosecution difficult.

1. Defendant Is Out of State

If a suspect leaves California after committing a felony, the clock can stop running while they are gone, up to a maximum of three additional years.

2. Discovery of the Offense

For crimes like embezzlement or fraud, the statute may not start until the offense is discovered—or could reasonably have been discovered—by the victim or law enforcement.

3. Concealment of Evidence or Identity

If the defendant hides the crime or their identity, the limitation period may pause until discovery.

4. DNA Evidence and New Technology

In some cases involving DNA or other scientific evidence, prosecutors can file charges years later if new technology identifies the suspect after the original limitation period.

When Does a Prosecution “Commence”?

The law considers a case to have officially begun when:

• A complaint, indictment, or information is filed in court, and

• A warrant or summons is issued and executed within a reasonable time.

Simply investigating a person or preparing evidence does not count as the start of prosecution.

Legal Impact of Expired Statutes of Limitation

When the statute of limitations expires:

• The court must dismiss the case if the defense raises the issue.

• The prosecution loses jurisdiction to continue.

• The defendant is legally protected from future prosecution for that same offense.

Because this defense completely bars prosecution, attorneys often examine filing dates, discovery dates, and related records closely to determine whether the statute has expired.

Common Myths and Misunderstandings

1. “There’s no statute of limitations if new evidence appears.”
   False. Unless an exception applies—such as DNA evidence or delayed discovery—the statute does not restart when new evidence surfaces.

2. “Leaving the state stops the statute forever.”
   Incorrect. Tolling for being out of state is limited to three extra years, not indefinitely.

3. “All felonies share the same time limit.”
   Wrong. The limitation period depends on the nature of the offense and its potential punishment.

Example Scenarios

Embezzlement:
A company employee steals funds in 2020. The crime isn’t discovered until 2022. Prosecutors generally have three years from discovery, meaning charges can be filed up to 2025.

Burglary and Flight:
A burglary occurs in 2018. The suspect moves out of California for four years and returns in 2023. Because of tolling for absence from the state (up to three years), prosecutors could still file charges in 2024.

Importance of Legal Representation

Understanding how Penal Code § 801 PC applies to your situation can make a major difference in the outcome of a criminal case. The statute of limitations may offer a complete defense if charges were filed too late—but identifying and arguing that defense effectively requires legal expertise.

A skilled Southern California criminal defense attorney can:

• Examine timelines and evidence discovery dates

• Determine whether the statute of limitations has expired

• File the appropriate motions to dismiss

• Protect your constitutional rights throughout the process

Key Points to Remember

• Penal Code § 801 PC sets a three-year statute of limitations for most felony cases.

• The clock usually begins on the date the crime occurs but may pause under certain conditions.

• Serious crimes like murder or rape have longer or unlimited limitation periods.

• Once the period expires, the state cannot legally prosecute the offense.

• Legal advice from an experienced defense lawyer is essential to determine how the rule applies to a specific case.

Conclusion

California Penal Code § 801 PC plays a vital role in maintaining fairness in the criminal justice system. It ensures that felony prosecutions happen within a reasonable time frame, preserving the integrity of evidence and protecting individual rights.

If you believe charges were filed after the legal deadline—or if you simply want to understand your rights under California law—professional guidance can make all the difference.

Call to Action

If you or someone you know is facing felony charges or believes the statute of limitations has expired in their case, contact Southwest Legal today. Our experienced Southern California criminal defense attorneys will review your case, analyze filing timelines, and fight to protect your rights from unfair or time-barred prosecutions. Call us now for a free, confidential consultation. Your future and freedom deserve strong, informed defense — let our team stand with you every step of the way