Did the Death Happen Too Long after to Be a Crime? Understanding California’s 3-Year-and-1-Day Rule

In California, not every death automatically leads to a murder or manslaughter charge. There is a unique legal rule that protects individuals from criminal liability if too much time has passed between an incident and the victim’s death. This rule is grounded in the idea that as time goes by, it becomes more difficult to prove that the original incident was directly responsible for the death.

What Does This Law Say?

Under California Penal Code § 194, the law presumes that a death is not criminal if the victim dies more than three years and one day after the incident that allegedly caused the fatal injury. This means that even if someone suffers a serious injury during a criminal event, if they survive for more than three years and one day, the law assumes that the eventual death was not caused by that earlier act in a way that would lead to a homicide charge.

This rule is rooted in fairness: the longer the gap between the act and the death, the harder it becomes to prove that the death was truly caused by the original event.

Who Has the Burden of Proof?

Once the 3-year-and-1-day window has passed, the burden of proof shifts to the prosecution. It becomes the responsibility of the prosecution to prove—beyond a reasonable doubt—that the original act did, in fact, cause the death in a criminal way. If the jury has any reasonable doubt about whether the death was criminal, they must find the defendant not guilty.

How Is the Time Counted?

The law is clear about how to count the time:

• The clock starts from the date the incident occurred.
   

• The day of the incident itself counts as a full day, no matter what time the event took place.
   

For example, if someone is injured on January 1, 2020, the 3-year-and-1-day window runs until January 2, 2023. If the victim dies after this date, the presumption against criminal liability applies.

Why This Matters

Advances in medical care and long-term treatment can keep individuals alive for years after a traumatic injury. However, this doesn’t automatically mean that the individual can be prosecuted for murder if they die many years later.

The 3-year-and-1-day rule ensures that criminal liability for homicide is not based on speculation, medical uncertainty, or distant consequences. For a death to be considered a criminal homicide, it must be clear, provable, and timely.

What If the Victim Dies After a Prior Conviction?

In cases where someone has already been convicted of attempted murder, they can still be charged with murder if the victim dies—provided the death occurred within the 3-year-and-1-day period. This situation does not violate the principle of double jeopardy (being tried twice for the same crime), as murder and attempted murder are legally separate charges.

Final Takeaway

The 3-year-and-1-day rule reflects a key legal principle: the further removed a death is from the original injury, the less likely it is that criminal responsibility applies. If a person dies more than three years and one day after the incident that allegedly caused their injuries, the law presumes that the death was not a criminal homicide. In such cases, the prosecution has the burden of proving otherwise.

About Molly Northrup

Molly Northrup plays a pivotal role at the Law Office of Daniel Horowitz, bringing unmatched depth in legal analysis, case development, and courtroom strategy. With a background in linguistics, an MBA from a top-tier international business school, and years of experience navigating complex criminal and civil litigation, Molly is a trusted legal mind clients turn to in their most critical moments.

Her work spans high-profile trials, sensitive investigations, and intricate legal disputes—where her judgment, precision, and strategic instincts have helped drive successful outcomes time and again.

If your case requires elite-level representation with a rigorous, detail-driven approach, contact the Law Office of Daniel Horowitz and benefit from the leadership of a legal team anchored by professionals like Molly and Daniel.