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  • former deputy public defender

    As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law. 

  • award winning certified criminal law specialist

    Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.

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    Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.

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Crimes that Don’t Have a Statute of Limitation in California 

Posted in California Law,General FAQ'S,Sentencing on February 13, 2022

It is heavily suggested to all of those who intend to make a claim that they fully understand the amount of time in which they are able to file said claim or lawsuit. This is, by definition, a statute of limitation. Statutes of limitation vary by state, meaning that understanding those that exist under California law is imperative to the smooth operation of a lawsuit for the prosecuting party.

By extension, statutes of limitations define your rights within the judicial system. Graham Donath Law Offices, APC, and other firms see victims of crimes miss statutes of limitation time after time again. Reach out to a Riverside crime attorney today to learn more about your options after falling victim to crime in Southern California.

What Is a Statute of Limitation?

Statutes of limitation stipulate the amount of time the state or an individual has to bring forth criminal charges against someone or something. In California, violent crimes generally have longer statutes of limitation. Certain egregious crimes may even have no statute of limitation. Despite this caveat, The large majority of crimes have some sort of statute of limitations written into law.

The reason legal counsels are so concerned with statutes of limitation is that the amount of time one has to file a case can expire. With this being said, a case can be completely dismissed should the period of time pass before an official claim or lawsuit is filed. For example, felony offenses punishable by 8 or more years in prison have a statute of limitation of six years. Other felonies have three, whereas misdemeanors have one year. If a lawsuit for petty theft is filed two years after the date of the crime in California, it may be dismissed.

Crimes Without a Deadline

As previously mentioned, some crimes have no statute of limitation. The most commonly cited crime without one is murder. First-degree murder is considered to be a serious enough offense that there is no limit on the amount of time in which the government may file a lawsuit against a  suspected murderer. Additionally, other serious crimes also exist without statutes of limitation.

It is important to remember that official law sometimes includes nuances, exceptions, and legislative changes including court rulings that can influence future interpretation of the law. These can be found under the California Penal Code.

Who Can Help Me File a Lawsuit in Riverside?

The Graham Donath Law Offices, APC understand the difficulties that filing a lawsuit may pose to victims. It is often excruciating for victims to relive their trauma, ultimately damaging their ability to go about daily life. For this reason, our Riverside crime attorneys hope to help you through the filing process. Call us at your earliest convenience at 951-667-5293 or click here to speak to one of our representatives about how our firm can help you through such a difficult time.