Penal Code section 804

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.

Source: Section 804, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PEN§ionNum=804.­ (updated Jan. 1, 2009; accessed Jun. 25, 2025).

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Verified:
Jun. 25, 2025

§ 804's source at ca​.gov