If you’re under investigation or suspect that you might be charged with a crime in Texas, one of the first questions you may ask is: How long can the state wait before filing charges?
The answer depends on the type and severity of the offense. Texas law sets specific deadlines—known as statutes of limitations—that determine how long prosecutors have to file criminal charges. Once the deadline passes, the state generally loses the right to prosecute.
At the Law Offices of Bill J. Stovall, we believe that understanding these time limits can make a major difference in protecting your legal rights and building your defense.
What Are Statutes of Limitations?
A statute of limitations is a law that sets a time limit on how long prosecutors can bring criminal charges after an alleged offense occurs.
These laws serve two important purposes:
- To ensure fairness – Evidence can deteriorate and memories fade over time. Limiting prosecution periods helps prevent wrongful convictions.
- To promote justice – It encourages law enforcement and prosecutors to pursue cases promptly while evidence is still reliable.
Once the statute of limitations expires, a person generally cannot be charged with that specific offense (with a few exceptions).
Time Limits for Criminal Charges in Texas
Texas sets different limitation periods depending on the crime. General guidelines under Texas Code of Criminal Procedure, Chapter 12 include:
No Statute of Limitations (Can Be Charged Anytime)
- Murder and manslaughter
- Offenses involving sexual assault of a child
- Continuous sexual abuse of a young child
- Leaving the scene of an accident involving death
These offenses are considered so severe that the law allows prosecution no matter how much time has passed.
10-Year Statute of Limitations
- Theft by a public servant
- Arson
- Certain sexual assault or injury to a child cases
- Trafficking or compelling prostitution of a minor
7-Year Statute of Limitations
- Fraud and money laundering
- Misapplication of fiduciary property
- Securing execution of a document by deception
5-Year Statute of Limitations
- Theft and burglary
- Robbery
- Insurance fraud
- Certain white-collar crimes
3-Year Statute of Limitations
Most misdemeanor offenses and less severe felonies fall into this category, including:
- Assault
- Drug possession
- DWI (Driving While Intoxicated)
When the Clock Starts (and Stops) Running
The statute of limitations typically starts on the date the alleged crime was committed. However, Texas law includes exceptions that can pause (“toll”) or extend the period.
You may see the statute paused or delayed if:
- The accused leaves the state of Texas after the alleged crime
- The identity of the suspect is unknown
- New evidence—such as DNA or digital records—is discovered later
These exceptions mean that even if several years have passed, prosecutors may still be able to bring charges under certain conditions.
Why the Statute of Limitations Matters
The statute of limitations can be one of the strongest defenses in a criminal case. If prosecutors file charges after the deadline, your attorney can file a motion to dismiss, and the court may throw out the case entirely.
For example, if someone is accused of misdemeanor assault from four years ago, the state may have missed its window to prosecute. However, nuances in the law make it crucial to have a criminal defense attorney review your situation carefully.
Exceptions in Serious Cases
Some crimes—especially sexual offenses or crimes against children—are treated differently under Texas law.
- The statute may extend for years or have no limitation at all if the victim was a minor or if DNA evidence later identifies a suspect.
- Federal crimes often follow different timelines that can exceed state statutes.
Because these exceptions can dramatically affect your case, working with an experienced defense lawyer is the best way to determine whether charges are still valid.
How a Criminal Defense Attorney Can Help
A skilled defense lawyer can evaluate whether the statute of limitations applies in your case and use it strategically. The Law Offices of Bill J. Stovall brings decades of experience handling:
- Felonies
- Misdemeanors
- DWI and drug offenses
- Assault and other criminal cases
Our legal team can:
- Review the timeline of your arrest and alleged offense
- Identify if the statute of limitations has expired
- Challenge improperly filed charges
- Protect your constitutional rights from start to finish
If the state waited too long to act, we’ll fight to have your charges dismissed.
Don’t Wait—Protect Your Rights Now
If you believe too much time has passed for the state to charge you—or if you’ve recently learned that prosecutors plan to file a case—don’t face it alone. Texas statutes of limitations can be complex, but an experienced attorney can ensure they’re applied correctly in your favor.
Contact the Law Offices of Bill J. Stovall today to schedule a confidential consultation. We’ll review your situation, explain your legal options, and help you build a strong defense against any criminal charges.
