California Criminal Defense Laws

Certain sex offenses (rape, child molestation) have no statute of limitations. Other sex offenses must be charged within 10 years.

Misdemeanor charges must generally be brought within 1 year of the offense.

A defendant with two or more prior serious or violent felony convictions faces 25 years to life for a new serious or violent felony. After Proposition 36 (2012), the third strike must be a serious or violent felony to trigger the 25-to-life sentence.

After completing probation, a defendant may petition to withdraw the guilty plea and have the case dismissed. This provides relief for employment and licensing purposes, though it does not erase the record entirely.

California DUI penalties escalate based on prior offenses within a 10-year lookback period. A first offense carries up to 6 months in jail, fines, license suspension, and a DUI program. A fourth DUI within 10 years can be charged as a felony.

Any person charged with a crime punishable by incarceration has the right to appointed counsel if they cannot afford an attorney.