What is the statute of limitations for a false report of a vehicle theft?

California, United States of America


The following excerpt is from People v. Zulauf, E064319 (Cal. App. 2016):

As explained in People v. Crabtree (2009) 169 Cal.App.4th 1293, 1309-1310: "Based on similar reasoning, if an offense is an alternative felony/misdemeanor (wobbler) initially charged as a felony, the three-year statute of limitations for felonies applies, without regard to the ultimate reduction to a misdemeanor after the filing of the complaint. [Citations.] If, however, the initial charge is a felony, but the defendant is convicted of a necessarily included misdemeanor, the one-year limitation period for misdemeanors applies. [Citation.]" In this case, the offense of filing a false report of vehicle theft (count 5) was originally filed as a misdemeanor and defendant had no prior convictions under Vehicle Code section 10501. For this reason, the conviction on count 5 must be reversed as time barred.

Other Questions


What is the statute of limitations for a fraud-related crime of grand theft, elder theft, securities fraud and sales of unqualified or nonexempted securities? (California, United States of America)
Does Vehicle Code section 23558 of the California Vehicle Code provide notice of enhancements to a motor vehicle under Vehicle Code Section 12022.7? (California, United States of America)
Does section 360.5 of the California Statute of limitations bar a plaintiff from bringing a claim against the statute of limitations? (California, United States of America)
Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation? (California, United States of America)
Is a defendant's sentence for unlawfully taking or driving a vehicle in count 5 of the California Vehicle Accused Robbery and Vehicle Theft Act stayed? (California, United States of America)
Does the statute of limitation apply to a false arrest claim? (California, United States of America)
Can a motor vehicle violation be reduced to a petty theft under section 490.2 of the California Vehicle Code? (California, United States of America)
What is the applicable statute of limitations for a motor vehicle accident? (California, United States of America)
What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
When a motor vehicle is stolen, can the owner of the stolen vehicle ask for a warrant to search the vehicle's contents? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.