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What is the California Law on Statutes of Limlitations?

    General Principles

    • Statutes of limitations in California depend on the punishment for the crime in question. It is six years for offenses that carry a sentence of eight years or more, three years for other felonies and one year for most misdemeanors. Civil statutes of limitation range between one and four years. Judgments in civil cases can be enforced for up to 10 years.

    Exceptions

    • Crimes punishable by life imprisonment or death do not have statutes of limitations in California. If the victim of a misdemeanor is younger than 14 the statute is three years instead of one. California law does not preclude parties to a contract from agreeing on a statute of limitations that is shorter than specified by law.

    Other Considerations

    • Statutes of limitations start running when the offense is or should have been discovered, not when it is committed. For crimes outside of California a three year extension is applied. In civil cases sometimes the statute is "tolled," which means it stops running due to certain circumstances. These include mental incompetence or minority of the victim at the time of injury or pending bankruptcy proceedings.

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