What is the statute of limitations in criminal cases?

California, United States of America


The following excerpt is from People v. Joseph, 278 Cal.Rptr.3d 348, 63 Cal.App.5th 1058 (Cal. App. 2021):

"Statutes of limitations in criminal cases are generally based upon the offense committed and are tied to the seriousness of the offense.... [] ... For a crime punishable by death or life imprisonment, there is no limitation on the commencement of prosecution." ( People v. Sedillo, supra, 235 Cal.App.4th at p. 1048, fn. omitted; 799.) An " offense is deemed punishable by the maximum punishment prescribed by statute for the offense, " excluding " [a]ny enhancement of punishment prescribed by statute. " ( Sedillo , at p. 1048, quoting 805, subd. (a).) In this context, "enhancement" is used in a "narrow" and "technical" sense to refer to "an additional prison term added to a base term." ( Anthony v. Superior Court (2010) 188 Cal.App.4th 700, 718, 719.)

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