Understanding the Statute of Limitations for Theft in California

by | Aug 12, 2024

Understanding the Statute of Limitations for Theft in California

In California, the statute of limitations (SOL) is the maximum time period during which a prosecutor can file criminal charges. For theft crimes, this period varies depending on whether the charge is classified as a misdemeanor or a felony. Knowing these time frames is crucial for both defendants and legal professionals.

If you need legal assistance related to theft charges, contact Simmons Wagner, LLP at (949) 439-5857.

Statute of Limitations for Misdemeanor Theft Crimes

The statute of limitations for most misdemeanor theft offenses in California is one year. This means that prosecutors must file charges within one year of the alleged offense. If they fail to do so, they lose the right to prosecute the case.

Common Misdemeanor Theft Crimes

Several theft crimes are often charged as misdemeanors, including:

  • Petty Theft (Penal Code 484(a)): Involves the unlawful taking of property valued at $950 or less.
  • Shoplifting (Penal Code 459.5 PC): Entering a commercial establishment with the intent to steal items valued at $950 or less during business hours.
  • Receiving Stolen Property (Penal Code 496(a)): Possessing stolen property valued at $950 or less.

Statute of Limitations for Felony Theft Crimes

For felony theft crimes, the statute of limitations is three years. Prosecutors must file charges within three years of the alleged offense. Missing this deadline means they cannot pursue legal action against the accused.

Common Felony Theft Crimes

Examples of theft offenses that are often charged as felonies include:

  • Grand Theft of a Firearm (Penal Code 487(d)(1)): Involves the theft of a firearm valued at more than $950.
  • First-Degree Burglary (Penal Code 459 PC): Entering an inhabited dwelling with the intent to commit theft or any felony.
  • Robbery (Penal Code 211): Taking personal property from someone’s possession, against their will, using force or fear.

Understanding Wobbler Offenses

Some theft crimes in California are classified as wobblers, meaning they can be charged as either misdemeanors or felonies. The decision depends on the specifics of the case and the defendant’s criminal history.

Prosecutor’s Discretion

  • Misdemeanor Charge: If the crime is charged as a misdemeanor, the statute of limitations is one year.
  • Felony Charge: If charged as a felony, the statute of limitations extends to three years.

The Purpose of Statute of Limitations

The statute of limitations exists to ensure fairness in the legal process. Over time, evidence may be lost or destroyed, and witnesses may move away or forget crucial details. By limiting the time frame for filing charges, the law helps maintain the integrity of the judicial process and prevents undue hardship on defendants.

The Discovery Rule

The Discovery Rule is used to determine when the statute of limitations period begins. According to this rule, the clock starts ticking when the offense is discovered, not necessarily when it was committed. For example, if a theft occurs on January 1, 2021, but authorities do not discover it until January 1, 2022, they have until January 1, 2023, to file misdemeanor charges.

Exceptions to the Statute of Limitations

Certain crimes in California have no statute of limitations, meaning charges can be brought at any time. Under California Penal Code 799, these include:

  • Offenses punishable by death
  • Offenses punishable by imprisonment in state prison for life or life without the possibility of parole
  • Embezzlement of public money

Seeking Legal Assistance

If you are facing theft charges, understanding the statute of limitations is essential. For personalized legal guidance and representation, contact Simmons Wagner, LLP at (949) 439-5857. Our experienced attorneys can help you navigate the complexities of your case and ensure your rights are protected.