Legal Question in Criminal Law in California

What is the statute of limitations for burglary in california???


Asked on 2/19/11, 1:00 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

It's going to depend on whether it is first degree burglary or second degree burglary. Burglary of inhabited dwelling houses, vessels, floating homes, and trailer coaches are first degree burglary. All other burglaries are second degree. (Pen. Code, sect. 460.)

First degree burglary is a felony. Second degree burglary is a misdemeanor. (Pen. Code, sect. 461.)

In general, the statute of limitations for felony burglary is three years. (Pen. Code, sect. 801.) The statute of limitations for misdemeanor burglary is one year. (Pen. Code, sect. 802.)

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Answered on 2/20/11, 9:44 am
Terry A. Nelson Nelson & Lawless

If a felony, three years or more. If a misdemeanor, one year. Both apply to the time after the crime for the police and DA to bring charges. Once brought and an arrest warrant is issued - warrants are forever. You can run and hide forever, but once caught, to jail and court you go. If you are charged, and if this is in SoCAL courts, and if you�re serious about hiring counsel, feel free to contact me.

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Answered on 2/21/11, 10:52 am


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