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What is the statute of limitations for manslaughter - especially involuntary manslaughter in the state of Calif?
Wiki User
∙ 11y ago
This begs the question, "How do you know the charge is manslaughter and not murder?" Manslaughter is not a capital crime, and manslaughter and murder are very different charges. At the most, manslaughter is a statutory felony... punishable by a sentence less than life (or death).
In many states, the statute of limitations is that statutory maximum sentence, but in California, the statute of limitations is one to seven years for felonies (depending on the felony), from the date that charges were filed.
Something to consider is the fugitive who successfully avoids apprehension for 6 years, 364 days only to be captured and prosecuted, is likely to spend another 15+ years locked up. If you are fleeing prosecution, your best course of action, as unattractive as that might be, would be to contact a criminal defense attorney, and make arrangements to surrender yourself. Beside working in your favor, it give you the opportunity to pay the debt owed, and move on with your life.
Answer: 3 years is the statute of limitations for involuntary manslaughter in California. California Penal Code Section 801. A statute of limitations is NOT, as the above answer states, a "statutory maximum sentence." It is a maximum time period within which charges for particular crimes must be brought. Maximum statutory sentences are a different matter entirely.
If charges are not brought within the period in a statute of limitations, the state is barred from prosecuting the person who committed the crime. Certain circumstances may extend some statutes of limitation. If the statute of limitations is extended for some reason (like fleeing to avoid prosecution) charges may be brought after the 3 year period, but the sentence will still only be for the statutory sentencing limits dating from conviction. The time spent avoiding prosecution is never added to the maximum statutory sentence.
By the way, I don't think you committed manslaughter just because you asked this question.
Wiki User
∙ 11y ago
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