The statute of limitations is the legal deadline for prosecuting a criminal offense. Once this period expires, the government can no longer bring charges for that crime. These laws exist to ensure fairness in the legal process – evidence can deteriorate, and witness memories fade over time.
However, serious crimes may have extended time limits or no expiration at all, allowing prosecution regardless of how many years have passed. Here is a breakdown of Texas’ criminal statutes of limitations and how they apply to different offenses.
Misdemeanors are crimes that typically involve lesser offenses and less severe penalties. These crimes generally have a statute of limitations of 2 years. Some examples of crimes with a statute of limitations of 2 years include simple assault, theft (less than $2,500), vandalism;
A class A misdemeanor assault that involved family violence has a statute of limitations of 3 years.
Felony offenses, which are more severe crimes, typically have a statute of limitations of 3 years. Examples include burglary, fraud, and arson.
Certain felony crimes are subject to a 5-year statute of limitations. Examples include theft, robbery, kidnapping, insurance fraud, and injury to elderly or disabled individuals.
Other serious felonies have an extended 7-year statute of limitations. Examples include money laundering, credit card or debit card abuse, Medicaid fraud, and fraudulent use of identifying information.
More severe felony crimes have a statute of limitations of 10 years. Examples include sexual assault (in certain cases), arson, trafficking of people, and injury to elderly or disabled individuals (when classified as a first-degree felony).
For certain offenses involving minors, the statute of limitations begins when the victim turns 18. Examples include injury to a child, trafficking of people (when the victim is a minor), and compelling prostitution.
Some crimes, especially those involving aggravated circumstances or vulnerable victims, have a statute of limitations of 20 years. Examples include aggravated kidnapping (if the crime involved sexual abuse) and sexual performance by a child.
The most serious offenses have no statute of limitations and can be prosecuted at any time. Examples of crimes with no statute of limitations include murder, manslaughter, sexual assault or aggravated sexual assault of a child, continuous sexual abuse of young children, and trafficking of persons (if the offense involves continuous actions).
In some cases, the statute of limitations can be tolled, which means that it is paused or extended due to specific circumstances. Two common reasons for tolling are:
The statute of limitations is paused when criminal charges are filed. The clock does not begin counting down again until the charges are dismissed.
If the defendant leaves Texas, the time spent outside the state is not counted toward the statute of limitations. This can effectively extend the time in which charges can be brought against them.
The statute of limitations can be hard to determine in many cases. If you have concerns about the statute of limitations in your case or are facing criminal charges, consult an experienced criminal defense attorney. At M|C Criminal Law, our skilled defense attorneys can evaluate your situation, determine whether the statute of limitations has expired, and develop a strong defense strategy. Our team is here to help you understand and assert your rights.
Contact us today to schedule a consultation.
