For most misdemeanors, California gives the prosecution one year from the offense to file charges.
If the deadline passes, the case can be dismissed — regardless of the evidence.
The One-Year Rule
Under Penal Code 802, the general statute of limitations for a misdemeanor is one year from the date the offense was committed. That is the window the prosecutor has to file the charge — not to bring you to trial.
Exceptions
Some offenses have longer periods set by statute, and certain circumstances can pause (‘toll’) the clock. Wobblers charged as felonies follow the longer felony period. The specific charge and dates control, so the deadline should always be checked against the exact offense.
Why It Matters
If charges are filed after the limitations period, that is a complete defense — the case must be dismissed no matter how strong the evidence. If you are being contacted about an old incident, the filing deadline is one of the first things a lawyer checks. See how a criminal case works.
Frequently Asked Questions
What is the statute of limitations for a misdemeanor in California?
For most misdemeanors, the prosecution has one year from the date of the offense to file charges, under Penal Code 802. Some offenses have longer periods set by statute.
What happens if charges are filed too late?
If charges are filed after the statute of limitations has passed, it is a complete defense and the case must be dismissed — regardless of how strong the evidence is.
Does the statute of limitations mean the case has to finish within a year?
No. The statute of limitations is the deadline to file the charge, not to complete the case. Once charges are timely filed, separate speedy-trial rules govern how quickly the case must proceed.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com