Misdemeanor Time Limits in California: Know Your Rights

Understanding Misdemeanor Crimes in California

Getting charged with a crime in California can be stressful, especially for those unfamiliar with the criminal justice system. Many defendants seek answers about the charges they face and the implications.

According to EG, in California, crimes are classified into infractions, misdemeanors, and felonies. Felonies are the most serious, carrying higher penalties, while misdemeanors are less severe [1].

Some crimes in California, known as “wobblers,” can be charged as either misdemeanors or felonies, depending on the case’s circumstances and the defendant’s criminal history. A misdemeanor is less serious than a felony, with a maximum sentence of one year in county jail and a fine of up to $1,000. An aggravated misdemeanor may result in up to one year in jail and fines exceeding $1,000. Additionally, misdemeanor convictions can lead to probation for three to five years.

After you have been arrested for a misdemeanor case in California, then it will proceed through the normal stages in the criminal case process, including the arraignment, bail hearing, pretrial, and jury or bench trial. However, it should be noted the vast majority of misdemeanor cases never make it to the trial stage. Your defense lawyer could negotiate with the prosecutor to have the case dropped or come to an agreement on a plea bargain.

Common Misdemeanor Offenses in California

• Shoplifting: Defined as entering a business with the intent to steal during regular hours, shoplifting in California does not require the theft to be completed. If the value of the intended stolen property is up to $950, it is considered a misdemeanor, though repeat offenders may face harsher penalties.
• Petty Theft: Involves taking property or money valued at no more than $50. This can be charged as a misdemeanor or an infraction, depending on the prosecutor’s discretion, with prior theft convictions potentially leading to more severe charges.
• Driving Under the Influence (DUI): It is illegal to drive under the influence of alcohol (with a blood alcohol level of 0.08% or more), drugs, or both. First-time offenders face penalties including 96 hours to six months of imprisonment, fines between $390 and $1,000, potential license suspension, and mandatory DUI programs. Repeat offenses within ten years may result in felony charges.
• Assault and Battery: Assault involves the unlawful attempt to violently injure someone, with penalties including fines up to $1,000 and imprisonment for less than six months. Battery, the intentional infliction of force or violence causing injury, can be charged as either a misdemeanor or felony based on the case circumstances.
• Weapons Offenses: Various misdemeanor offenses under the California Penal Code regulate weapon use and sales, such as filing false gun violence restraining orders, violating restraining orders by owning firearms, and selling less lethal weapons to minors. Penalties can include fines up to $1,000, imprisonment for up to six months, or both.
• Prostitution: Engaging in or agreeing to engage in sexual acts for money or other compensation is considered disorderly conduct and classified as a misdemeanor. Penalties include up to six months in jail, a $1,000 fine, or both.

Statute of Limitations for Misdemeanors in California

According to SCLG, most California misdemeanors have a SOL of one year. This means a prosecutor must file charges of a misdemeanor within one year of the offense. If no charges are brought during this one-year time period, a prosecutor loses the right to file them in the future [2]

However, there are exceptions to this general one-year rule. For instance, the statute of limitations for misdemeanor offenses committed against a minor under the age of 14 is three years. Additionally, the SOL for cases involving sexual exploitation by a physician is two years.

Also Read: 5 Situations When Statute of Limitations is Tolled in California

When Does the Clock Start Running?

The Discovery Rule dictates when the statute of limitations clock starts, beginning when the crime is discovered rather than when it occurred. This can significantly delay the start time, especially in cases of fraud where the crime may not be immediately apparent.

If you are a suspect in a California criminal case but are out of state, the statute of limitations can be paused (tolled) for up to three years.

If the statutory period has expired by the time you are charged with a crime in California, your criminal defense lawyer can file a motion to dismiss the case. Typically, this is done through a demurrer motion during the arraignment phase.

Related Articles:

• Statute of Limitations for Medical Malpractice in California
• Criminal Law Discovery Rules and Procedures Explained
• What is the Negligence Statute in California?

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References:

1. https://www.egattorneys.com/criminal-case-process-california/misdemeanor-crimes-in-california
2. https://www.shouselaw.com/ca/blog/misdemeanor/what-is-the-statute-of-limitations-to-file-a-misdemeanor-in-california/