Understanding the Texas Statute of Limitations in Criminal Cases
When facing a criminal charge in Texas, timing matters just as much as the facts of the case. The statute of limitations sets a legal deadline for prosecutors to file charges. Once that time expires, the state typically loses the right to pursue criminal prosecution. Knowing how this law works can make a significant difference in protecting your rights and building a strong defense.
At the Law Offices of Bill J. Stovall, we believe every Texan deserves to understand the law that affects them. Here’s a closer look at how the statute of limitations works in Texas criminal cases—and why it matters.
What Is the Statute of Limitations?
The statute of limitations is a law that sets the maximum time after an alleged offense that legal proceedings may be initiated. In criminal law, this prevents prosecutors from waiting indefinitely to bring charges, ensuring that evidence and witness testimony remain reliable.
Once the statute of limitations runs out, the accused cannot generally be charged or tried for that offense. This rule protects individuals from the unfairness of defending themselves against charges after evidence has gone stale or memories have faded.
How Much Time Does the State Have to File Charges in Texas?
The time limits vary depending on the severity and type of crime. Below are some general guidelines under Texas Code of Criminal Procedure, Chapter 12:
No Limitations Period (Can Be Prosecuted Anytime)
- Murder and manslaughter
- Certain sexual assault offenses
- Offenses involving leaving the scene of a fatal accident
- Continuous sexual abuse of a child
10 Years
- Theft by a public servant
- Arson
- Certain sexual assault or injury to a child cases
7 Years
- Fraud or money laundering
- Misapplication of fiduciary property
- Certain identity theft cases
5 Years
- Theft or burglary
- Robbery
- Insurance fraud
3 Years (Most Common for Misdemeanors)
- Assault
- Drug possession
- Driving While Intoxicated (DWI)
Note: Some crimes can have extended or paused limitation periods if new evidence is discovered—such as DNA—or if the accused leaves the state.
Tolling and Exceptions to the Rule
In certain situations, the statute of limitations “tolls” or pauses, meaning the clock stops running temporarily. For example:
- The accused leaves the state of Texas
- The identity of the suspect is unknown
- New evidence (like DNA) links the suspect to the crime later
Prosecutors can sometimes use these exceptions to extend the time they have to file charges. That’s why having an experienced criminal defense attorney review your case is crucial. They can analyze whether the statute of limitations has expired—or if the state is trying to stretch the rules unfairly.
Why the Statute of Limitations Matters in Criminal Defense
Understanding the statute of limitations can be a powerful defense strategy. If the prosecution files charges after the time limit has expired, your attorney can file a motion to dismiss the case entirely.
For instance, if someone is accused of a misdemeanor assault from several years ago and the statute has already run out, the state no longer has the legal right to pursue charges. Knowing this rule can mean the difference between facing criminal prosecution and walking free.
Even in complex or serious cases—like felonies, drug crimes, or federal offenses—the timeline can significantly affect your defense strategy.
Statute of Limitations and Personal Injury Claims
While the statute of limitations primarily applies to criminal cases, a similar concept exists in personal injury law. In Texas, you generally have two years from the date of an accident to file a personal injury lawsuit.
If you’ve been injured in a car accident or motorcycle accident, missing that deadline can result in losing your right to seek compensation. Just like in criminal cases, acting quickly can make all the difference.
How the Law Offices of Bill J. Stovall Can Help
At the Law Offices of Bill J. Stovall, we provide dedicated representation in both criminal defense and personal injury cases. With decades of experience handling:
- Felonies
- Misdemeanors
- Drug charges
- DWI
- Assault cases
…our firm knows how to identify every legal defense available—including whether the statute of limitations protects you.
We approach every case with compassion and determination, ensuring that your rights are defended from start to finish. Whether you’re facing serious criminal charges or seeking justice after an injury, our team is ready to help you navigate Texas law with confidence and clarity.
Protect Your Rights—Act Now
If you believe your case may be affected by the statute of limitations—or if you’re unsure how much time you have—don’t wait. Every moment counts in building an effective defense or personal injury claim.
Contact the Law Offices of Bill J. Stovall today to schedule a consultation. We’ll help you understand your options and ensure your rights are protected under Texas law.
