Monder Law Group - News
Statute of Limitations: Which Crimes Don’t Have It?
There are crimes with the Statute of Limitations, as well as those without it. Knowing the difference between the severity of certain crimes is just as important as hiring a lawyer for a trial, knowing the differences between civil and criminal law, and being aware of whether you’re an accomplice to a crime or not.
The best course of action when it comes to the Statute of Limitations is certainly asking an experienced criminal attorney in San Diego County to provide you with the inside scoop, but first things first: read on for some general information.
Do crimes expire?
Knowing whether or not crimes expire has to do with the statute of limitations of the state of California. This law states when certain crimes expire, that is, in what time period a lawsuit must be filed for it to be acceptable in the court of law.
According to the California Department of Justice, there are crimes that “expire”, i.e. crimes which have a statute of limitations, as well as those that do not. So the answer to the question would be yes, crimes can expire.
However, it’s a bit more complicated than that. The easiest explanation would be that, depending on the severity of the crime, some crimes require the prosecutor to file a lawsuit within a shorter time period, while others, more serious crime, have a longer time period in which a prosecutor is able to file a lawsuit.
That being said, many people misinterpret this and believe that the government or an individual cannot sue them after the time period prescribed by the statute of limitations has passed. This is untrue.
The prosecutor can still file a lawsuit against you even after the statute of limitations has expired. If you end up doing nothing, you can be found guilty of the crime. You have to react with the help of a good criminal defense attorney.
Which crimes expire in the state of California?
Let’s take a look at some of the more common breaches of law which have statute of limitations:
- Personal injury – The statute of limitations is 2 years.
- Product liability – The statute of limitations is 2 years.
- Wrongful death – The statute of limitations is 2 years.
- Breach of contract in writing – The statute of limitations is 4 years.
- Breach of oral contract – The statute of limitations is 2 years.
- Fraud – The statute of limitations is 3 years.
- Damage to property – The statute of limitations is 3 years.
- Trespassing – The statute of limitations is 3 years.
- False imprisonment – The statute of limitations is 1 year.
- Slander – The statute of limitations is 1 year.
- Medical malpractice – The statute of limitations is between 1 and 3 years, depending on the moment the person has discovered the injury.
- Legal malpractice – The statute of limitations is 1 year.
- Libel – The statute of limitations is 1 year.
Which crimes have no statute of limitations?
As you can see, there are many crimes, both civil and criminal, that have a statute of limitations. However, there are some extremely serious crimes that are without a statute of limitations. When it comes to these crimes, there is no exact time limit for the prosecution to file a lawsuit.
The following crimes are those without a statute of limitations:
- Crimes that are punishable by death.
- Crimes that can be punishable by life imprisonment in a state prison, without the possibility for parole.
- Crimes that involve embezzling public money.
As you can see, in California, a statute of limitations isn’t strictly connected to a specific crime, but rather the potential punishment a certain crime can entail.
“Where can I find the best criminal attorney in the County of San Diego?”
If you’re looking for sound legal advice on the statute of limitations, you should definitely turn to Monder Criminal Lawyer Group! Vik Monder of Monder Law is the leading criminal defense lawyer in San Diego, and he has worked hard to assemble a team of experienced and dedicated attorneys capable of tackling any challenge. We will not only advise you, we will defend you! If you’re ever visiting the Fleet Science Center, come to our office for a consultation on your way back home.
Use the Rubik’s Cube simulator if you don’t have a real puzzle to play with. Set a random scramble and try to figure out the solution!
