Statute of Limitation Texas: A Comprehensive Guide to Understanding the Laws

The Statute of Limitations in criminal cases is often misunderstood. For example, many people think that if they have not gone to trial within the applicable statute of limitations, then their case must be dismissed. However, this is simply not the case. As long as the charges are filed before the statute of limitations deadline, the case can continue. However, if the prosecutor files the charge incorrectly for some reason and the statute of limitations deadline passes, he cannot refile unless the defendant waives the issue.

If you are facing criminal charges in Central Texas and would like to speak with an experienced lawyer, contact us for a free consultation.

What is the Statute of Limitation in Texas?

The Texas penal code governs limitations periods. A statute of limitation is a time limit for the government to file criminal charges against someone. The Texas Code of Criminal Procedure outlines the specific timeframes for filing criminal charges, which are governed by the statute of limitations. In Texas, the statute of limitations varies depending on the severity of the offense. The statute of limitation helps preserve the integrity of evidence and ensures charges are resolved in a timely manner. It begins on the date the alleged incident occurred.

Purpose and Benefits of the Statute of Limitations

The purpose of the statute of limitations is to protect the integrity of evidence and ensure charges are resolved in a timely manner. The limitations period ensures that legal actions are initiated within a specific timeframe, preserving the integrity of evidence. The statute of limitation helps prevent the state from bringing charges after the evidence has been lost or destroyed. It also helps prevent the state from using outdated or unreliable evidence.

Crimes with No Statute of Limitation in Texas

In Texas, there is no statute of limitation for serious criminal offenses such as murder, capital murder, and certain sexual assaults. Other crimes with no statute of limitation include aggravated kidnapping, aggravated sexual assault, and compelling prostitution. These crimes are considered so serious that the state does not impose a time limit for filing charges.

Statute of Limitation by Crime Type

Individual criminal statutes may specify limitations period for the specific crime, but in general felonies and misdemeanors have a limitations period of 3 and 2 years, respectively.

Felonies

The statute of limitation for felony offenses in Texas varies depending on the severity of the offense. The Texas Code of Criminal Procedure outlines specific timeframes within which felony indictments must be initiated. Most felonies have a statute of limitation of three years, unless specified otherwise. Felony offenses such as aggravated sexual assault, sexual assault, and felony violation of government property have a longer statute of limitation.

Misdemeanors

The statute of limitation for misdemeanors in Texas is two years. The criminal statute for misdemeanors in Texas typically imposes a two-year limit for prosecuting offenses. Misdemeanor offenses such as theft, assault, and false statement have a shorter statute of limitation.

Tolling of the Statute of Limitation

The statute of limitation can be tolled or paused under certain circumstances. The statute of limitation can be tolled if the accused is absent from the state or if the prosecution is pending. The statute of limitation can also be tolled if the accused is under indictment for the same conduct, same act, or same transaction.

When Does the Statute of Limitation Clock Start?

The statute of limitation clock starts when the offense occurs. In some cases, the statute of limitation clock may start when the alleged victim discovers the offense. The statute of limitation clock can also start when the prosecution is pending.

Extending the Statute of Limitation

The statute of limitation can be extended under certain circumstances. The statute of limitation can be extended if the accused is absent from the state or if the prosecution is pending. The statute of limitation can also be extended if the accused is under indictment for the same conduct, same act, or same transaction.

Statute of Limitation for Sexual Assault and Aggravated Sexual Assault Cases

The statute of limitation for sexual assault cases in Texas varies depending on the severity of the offense. Aggravated sexual assault has a longer statute of limitation than sexual assault. The statute of limitation for sexual assault cases can be extended if the victim was a minor at the time of the offense.

Finding an Attorney for Statute of Limitation Defenses in Criminal Charges

If you are facing criminal charges in Texas, it is essential to find an attorney who is experienced in statute of limitation defenses. A skilled attorney can help you understand the statute of limitation and how it applies to your case. A skilled attorney can also help you raise a statute of limitation defense if the prosecution has exceeded the time limit for filing charges.

Understanding the Statute of Limitation in Texas

The statute of limitation is a complex area of Texas law. Texas criminal offenses have specific timelines for when legal charges can be filed, depending on the nature of the offense and the age of the victim involved. It is essential to understand the statute of limitation and how it applies to your case. A skilled attorney can help you navigate the complexities of the statute of limitation and ensure that your rights are protected.

Contact ATX Legal for a Consultation

Understanding the statute of limitation in Texas is crucial for anyone facing criminal charges. The statute of limitations ensures that cases are prosecuted based on timely and reliable evidence, protecting both the integrity of the legal process and the rights of the accused. If you have any questions or concerns about how the statute of limitations applies to your case, consult with an experienced attorney to receive the guidance and representation you need.