What is the Statute Of Limitations for CA Penal Code 243d, please.

The statute of limitation for 243(d) as a felony is three years. Usually, local police agencies will decide whether to refer a garden variety felony to the DA within a few days. The DA will usually decide whether or not to file within another few days. However, it is also possible for either the police or the DA to hold on to the case for months (even years) before a filing decision is made. And, not to add anxiety, but if this involved life threatening injuries and a death results, there is no statute of limitations for murder (and only a presumption of causation if the death occurs within three years). Now, this sounds like a serious matter. You should really spring for an attorney to help you. The lawyer can probably determine if the reports ever got to the DA's Office without attracting any additional attention to the matter. Some DA's Offices will advise if the case is pending attorney review or out for additional investigation. If it is still at law enforcement, the lawyer might just advise to wait it out but she or he might have a way to inquire. If it appears that there is a possibility that the case might be filed, it may be prudent to start a defense investigation. If you wait, you can lose valuable evidence and leads. A good investigation can be helpful in talking the prosecutor out of filing if they get to the point of considering doing so. A lawyer might also tell you that you can make a motion for return of property. This is a way to get your property back but it is also a way to be aggressive about forcing the DA to make a filing decision. This may not be a good idea in this particular case but it has been an effective strategy in some. So, talk to a lawyer and good luck!

If they are considering a Felony charge, they have 3 years from the date of the incident to file the charge. Unless there are complex issues in this case, or this Police Department or DA's office is just particularly busy/jammed with cases, a case should have been filed by now. As Mr. Sanger points out, if the anxiety of not knowing what is happening/going to happen is really bothering you, an attorney would likely be able to find out at what stage the case is in - ie. still in the police's hands, in the DA's hands etc. - and may be able to assist during this Pre-Charge Investigation phase in trying to ensure that a case is not eventually filed.

PC 243(d) is an offense that may be punished up to 4 years in state prison. Because this offense is punishable by imprisonment for less than 8 years, the statute of limitations is ordinary 3 years.