If you’re worried about being prosecuted for something that happened years ago, you’re not alone, and your concern may be justified. While many people assume the passage of time means they’re in the clear, California law allows prosecution long after certain crimes have occurred. If you’ve been contacted by law enforcement or suspect you may be under investigation for an old crime in San Diego, don’t wait. Call Sevens Legal today at (619) 430-2355 for a free, confidential legal consultation with our experienced San Diego criminal defense attorneys.
Key Takeaways
• The statute of limitations in California varies depending on the nature and severity of the crime.
• Some serious offenses have no time limit for prosecution.
• Felony charges in California often carry longer statutes of limitations than misdemeanors.
• The statute can pause (“toll”) in certain circumstances, extending deadlines.
• New evidence may revive old investigations, especially with DNA or witness testimony.
• Hiring a San Diego criminal defense lawyer early can make a huge difference in the outcome of your case.
Even if a crime happened many years ago, you may still face criminal charges in San Diego. Understanding how California’s statute of limitations laws work is the first step in protecting yourself and your future.
How Long After a Crime Can You Be Charged in California?
The statute of limitations California applies is the legal deadline for prosecutors to file criminal charges. The time limit varies widely depending on the nature and severity of the alleged offense.
For most misdemeanors in California, prosecutors must file charges within one year of the alleged crime. For felonies, the statute of limitations is generally three to six years, though some offenses allow for significantly longer filing periods. For example, fraud and financial crimes or certain sex crimes in San Diego may carry longer windows.
In most cases, the statute of limitations begins on the date the alleged crime was committed. However, for certain offenses, the clock may start when the crime is discovered. Specific legal exceptions can also pause or extend the timeline, depending on the circumstances.
California Penal Code §800 codifies these general felony time limits, while other statutes establish exceptions for specific crimes.
What Crimes Can Be Prosecuted at Any Time in California?
California law explicitly removes the statute of limitations for certain serious offenses, meaning prosecutors can file charges at any time, regardless of how long ago the alleged crime occurred. This exception applies to offenses deemed so serious that the pursuit of justice outweighs any time limitations. Crimes with no statute of limitations include:
- Murder offenses in San Diego, which under California law can be prosecuted indefinitely due to their severity and finality.
- Offenses punishable by life in prison or death, such as certain kidnapping, aggravated sexual assault, or acts of terrorism.
- Specific sex crimes involving minors, including child rape, molestation, and continuous sexual abuse, where victims may take years to come forward. A San Diego sex crimes lawyer can help clarify how these rules may apply to your case.
This principle is especially relevant in cold case investigations in San Diego, where new forensic technologies such as DNA testing can revive long-dormant cases. Even decades later, the discovery of new evidence or witness testimony can lead to arrest and prosecution.
For those who believed time had placed them safely out of reach, these legal provisions can come as a serious and unexpected shock. If you’re concerned you may be at risk, our San Diego criminal defense attorneys can assess your situation and begin building a proactive legal strategy, even before charges are filed.
Can California Reopen a Case from 20 Years Ago?
Prosecution for older crimes happens more often than many people realize. In California, felony charges—especially those involving violence, financial misconduct, or public corruption—often come with extended filing windows. In some cases, the statute of limitations doesn’t begin until the alleged crime is discovered by the victim or law enforcement.
If you’re unsure whether your situation falls under a delayed or exception-based deadline, it’s essential to speak with a San Diego criminal defense lawyer. When your freedom is at stake, relying on assumptions can be a costly mistake.
Are There Exceptions to the Statute of Limitations in California?
Can the Statute of Limitations Be Extended in California?
Tolling occurs when the statute of limitations clock is paused, effectively extending the time prosecutors have to file charges. Common tolling circumstances include the following:
- The suspect flees the state
- The suspect’s identity is unknown
- Charges are filed under a sealed indictment
Tolling ensures that individuals cannot evade prosecution simply by avoiding detection or leaving the jurisdiction. In addition to these scenarios, tolling may also apply when a victim is a minor, incapacitated, or unaware that a crime occurred, such as in cases of fraud, medical malpractice, or childhood sexual abuse.
Tolling laws in California are complex, and prosecutors may argue for tolling even when the justification is legally questionable. An experienced defense lawyer can often challenge the application of tolling to have criminal charges dismissed in San Diego.
Can Old Cases Be Reopened If New Evidence Is Found?
Breakthroughs in DNA technology or the emergence of new witnesses can give prosecutors renewed momentum to pursue charges in San Diego. In serious felony cases, even a single credible tip can be enough to reopen investigations.
In cases with no statute of limitations, such as murder or certain sex crimes, new evidence can lead to immediate prosecution, regardless of how much time has passed. In other cases, prosecutors may argue that new evidence warrants tolling or reopens the timeline entirely. This is especially common in cold case investigations, where forensic breakthroughs are used to revive unresolved crimes.
If you believe you’re under investigation in San Diego due to newly discovered evidence, it’s critical to consult with a skilled defense attorney. While new evidence doesn’t automatically reset the statute of limitations, it can significantly impact how and when charges are filed. Our San Diego criminal defense lawyers can assess whether the law truly permits prosecution and take steps to challenge the case before it progresses further.
What Should You Do If You’re Contacted About an Old Crime?
If you’re contacted by San Diego law enforcement about a past incident, you might feel compelled to explain yourself or clear up any confusion. Resist that urge. No matter how much time has passed, anything you say can still be used against you.
Instead, remain calm, decline to answer questions, and immediately contact a San Diego criminal defense lawyer. Your attorney can:
- Determine whether the statute of limitations has expired
- Prevent you from making incriminating statements
- Begin building a proactive legal strategy for your defense
At Sevens Legal, we act quickly to protect your rights and stop cases from gaining traction before they reach the courtroom.
Do I Need a Criminal Defense Lawyer for an Old Crime in San Diego?
Statute of limitations defenses in San Diego are time-sensitive and fact-dependent. Our experienced criminal defense attorneys understand how to navigate complex timelines, legal precedents, and the strategic tactics prosecutors use to extend deadlines.
Prosecutors may attempt to argue for tolling or claim that your case qualifies for an exception, even when the law says otherwise. Without aggressive legal representation, you could face charges that should have been time-barred.
Hiring our award-winning San Diego criminal defense lawyers early gives you the best chance to:
- Assert the statute of limitations as a legal defense
- Challenge improper tolling arguments
- Suppress unlawfully obtained evidence
- Reduce or eliminate charges before they are formally filed
Free San Diego Criminal Defense Consultation
Are you worried about being charged for something that happened years ago? Don’t let fear or confusion stop you from protecting yourself. The sooner you take action, the better your chances of preventing charges from being filed at all. Contact Sevens Legal today for a free legal consultation with our knowledgeable criminal defense lawyers. We’ll help you understand your legal options and determine whether time limits protect you from prosecution.
How to Contact Our Criminal Defense Attorneys
Your future deserves a strong defense. Call Sevens Legal at (619) 430-2355 for your free consultation. Our experienced San Diego criminal defense attorneys are ready to act fast and fight hard to protect your rights.
FAQs About Can You Be Charged for an Old Crime in San Diego?
Can I be arrested without warning for an old crime?
Yes. If the statute of limitations hasn’t expired—or if the crime has no time limit—you can be arrested at any time. In California, certain offenses like murder or sex crimes involving minors have no statute of limitations. Arrests in cold cases often happen unexpectedly when new DNA evidence or witness testimony surfaces. Law enforcement is not required to notify you in advance. If you believe you’re under investigation, contact a San Diego criminal defense attorney immediately.
How many years after a crime can you be charged in California?
It depends on the crime — most misdemeanors have a 1-year limit, and felonies typically have 3–6 years. However, serious crimes like murder, rape of a minor, or offenses punishable by life in prison have no statute of limitations. If the suspect was out of state or hiding, the timeline can be paused or “tolled,” allowing charges to be filed later.
Can you be charged with the same crime in California after being found not guilty?
No. Under the Double Jeopardy Clause, you cannot be retried for the same crime after an acquittal. Even if new evidence surfaces, the Fifth Amendment protects you from being prosecuted again for the same offense. However, separate or related charges might still be pursued, and civil lawsuits can also arise from the same incident.
Can you admit to a crime after the statute of limitations in California?
Yes, but it’s risky — your admission could reopen the case or lead to new charges. Even if you believe the statute of limitations has expired, prosecutors may argue that tolling or exceptions apply. Your statement could also expose you to related charges within the limitations window. Always speak to a criminal defense attorney before making any confession.
Can a San Diego criminal defense attorney get my case dismissed based on time?
Yes, if the statute of limitations has clearly expired before charges were filed. A defense lawyer can file a motion to dismiss based on statutory timelines. Courts consider when the crime occurred, when it was discovered, and whether tolling applies. This strategy can end a case before it ever reaches trial.
What happens if I’m accused of a crime after moving out of state?
You can still be charged — moving out of California does not stop prosecution. California law allows the statute of limitations to pause (or toll) while you are out of state. If you return—or are extradited—you may face charges even after many years. Legal counsel is essential to evaluate whether the prosecution is still valid.
Disclaimer: The information provided in this blog is for informational purposes only and does not constitute legal advice. Every legal situation is unique, and the laws referenced may not apply to your specific circumstances. You should not act or rely on any information in this article without first consulting a qualified criminal defense attorney. To receive legal guidance tailored to your case, contact Sevens Legal for a confidential consultation.