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What is the statute of limitations for a criminal battery charge in California?

Pasadena, CA |

What is the statute of limitations for a criminal battery charge in California? I heard it was one year since the time the act occurred. If so is there a tolling of the statute which extends it beyond a year?

Attorney Answers 3


  1. If you are referring to a misdemeanor battery charge under Penal Code section 242, the statute of limitations is one year from the date of the offense. Penal Code section 803 discusses when the statute of limitations can be extended or "tolled." For a battery, the circumstances under which the statute of limitations can be tolled are very limited. You should discuss your specific situation with an experienced attorney. Many of us on Avvo provide a free consultation.

    www.chamberslawfirmca.com
    www.chamberslawfirmoc.com
    www.clfca.com


  2. The statute is 1 year from the date of the offense for a misdemeanor. It is two years for a felony. Tolling of the statute occurs when you fail to appear in court, willfully flee, or any other matter deemed to toll per the Penal Code. You should seek a consultation from a criminal defense attorney.

    Seth Weinstein, Esq.
    Los Angeles Criminal Defense Attorney
    (310) 707-7131
    www.sethweinsteinlaw.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.


  3. Charge is PC 242.
    Penal Code 803 deals with SOL. They have one year.

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply

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