Legal Question in Criminal Law in California

Re: Statue of Limitations in California

For felonies, the statute of limitations is three years. For misdemeanors, it's one year.

I know this doesn't directly answer your question, but it's a starting point.

It depends on the crime he was accused of. Penal Code section 273.5 (corporal injury on a cohabitant) can be charged as either a felony or a misdemeanor, so the 3 year statute would apply. Domestic battery [Penal Code 243(e)(1)] is a misdemeanor.

Assuming it's been several months, more than likely, the case was submitted to the DA and no charges were filed, but until the statute runs out, charges are in fact possible.

Re: Statue of Limitations in California

Generally, if there were serious injuries like cuts, black eye, heavy bruises, they will charge a felony. If it was "he pushed me" and there are no marks, a misdemeanor. So I can't be sure of the statute without knowing more about the accusation.

By "accused" I take it to mean that she had him arrested. They have one year from the arrest if it is a misdemeanor charge. I do not pretend to know what happened in your son's home, but it is unfortunately becoming all too common for some women to use threats of a 911 call to control men. It can be very effective blackmail or extortion.

The real worry is that she will accuse him again just to keep him "in line". If she is doing that as a "clever" strategy to win arguments and to get her way, it is a fool's game, as she will have no say in "dropping the charges" afterwards. If she calls again, they will charge him.

Assuming he gets beyond the one year statute and if he is sure there is nothing in the original report that might mean felony charges, after the year is up, he would be wise to move for a finding of factual innocence. Generally, if the injuries were enough to charge a felony, it would NOT take a year to charge him.

Someone should explain to her that if his arrest is not wiped out, it will affect his earning ability for the rest of his life. Often, the original complaining person supports the factual innocence motion. Once granted, the arrest record is sealed and then three years after the arrest, the arrest records and court records are all destroyed.

To learn more about the PFI (Petition for Factual Innocence), you can see these articles on my web site, including results in actual cases I've had:

http://lawyer-expungement.com/petition.htm

http://lawyer-expungement.com/results.htm

Or your son can call me for a free consultation. If he is in Northern California, I could help him with this.