Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE / CHAPTER 2. Time of Commencing Criminal Actions
California Codes

Cal. Penal Code § 804 (2026)

Time of Commencing Criminal Actions

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Except as otherwise provided in this chapter, for the purpose of this chapter, prosecution for an offense is commenced when any of the following occurs:

(a)An indictment or information is filed.

(b)A complaint is filed charging a misdemeanor or infraction.

(c)The defendant is arraigned on a complaint that charges the defendant with a felony.

(d)An arrest warrant or bench warrant is issued, provided the warrant names or describes the defendant with the same degree of particularity required for an indictment, information, or complaint.

Notes of Decisions
Cited in 28 cases, 1987–2020 · leading case: Schmidlin v. City of Palo Alto, 157 Cal. App. 4th 728 (Cal. Ct. App. 2008).
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Schmidlin v. City of Palo Alto, 157 Cal. App. 4th 728 (Cal. Ct. App. 2008). · cites it 2× “" (Pen.Code, § 804, subd. (b).) Under the Penal Code, there are limited circumstances under which a notice of appear may serve as the complaint and therefore constitute an accusatory pleading.”
People v. Castillo, 168 Cal. App. 4th 364 (Cal. Ct. App. 2008). · cites it 2× “(Pen. Code, § 804.) Based on the date on which the information was filed in this case, which is a matter of public record, it is indisputable that the statute of limitations did not expire before the prosecution against defendant was commenced.”
People v. Williams, 981 P.2d 42 (Cal. 1999). · cites it 2× “When defendant raised the issue for the first time on appeal, the Attorney General asserted two facts not alleged in the information that, if true, would make the action timely: (1) an arrest warrant, which "commenced" the prosecution (Pen.Code, § 804), issued before the three…”
Steen v. Appellate Div., 331 P.3d 136 (Cal. 2014). · cites it 2× “To rephrase the same conclusion as a matter of statutory interpretation, a “complaint” issued by the clerk under Penal Code section 959.”
Van Audenhove v. Perry, 11 Cal. App. 5th 915 (Cal. Ct. App. 2017). · cites it 2× “First, Penal Code section 804, as relevant here, provides: “[F]or the purpose of this chapter, prosecution for an offense is commenced when any of the following occurs: “(a) An indictment or information is filed.”
People v. Martinez, 996 P.2d 32 (Cal. 2000). “(Pen. Code, § 804, subd. (d); see Uelmen, Making Sense out of the California Criminal Statute of Limitations (1983) 15 Pacific L.”
People v. Bell, 45 Cal. App. 4th 1030 (Cal. Ct. App. 1996). “(Pen. Code, § 804, subd. (c).) On its face this might suggest the prosecution as to *1064 the rent skimming offenses commenced with filing of the complaint and issuance of an arrest warrant on June 4, 1992, while the prosecution for the forgery and false filing offenses…”
People v. Guevara, 121 Cal. App. 4th 17 (Cal. Ct. App. 2004). “(Pen. Code, § 804.) Appellant’s argument that the statute of limitations for filing a false nomination paper is three years ignores Penal Code sections 801.”
People v. Lopez, 52 Cal. App. 4th 233 (Cal. Ct. App. 1997). “(Pen. Code, § 804, subd. (a).) Penal Code section 799 provides: “Prosecution for an offense punishable by death or by imprisonment in the state prison for life or for life without the possibility of parole, or for the embezzlement of public money, may be commenced at any time.”
People v. Jensen, 114 Cal. App. 4th 224 (Cal. Ct. App. 2003). “” (Pen. Code, § 804.) The record before us reflects that Clough obtained an arrest warrant no later than February 8, 2000.”
People v. Shetty, 174 Cal. App. 4th 1488 (Cal. Ct. App. 2009). · cites it 3× “(Pen. Code, § 804, subd. (d) 2 ; People v.”
Straley v. Gamble, 217 Cal. App. 4th 533 (Cal. Ct. App. 2013). “, Pen. Code, § 804, subd. (b); Schmidlin v.”
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Cal. Penal Code § 804(b): 1 case
Armando Ventura Heredia v. Jefferson Sessions, No. 15-72580 (9th Cir. Dec. 28, 2017).
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