Texas Criminal Statute of Limitations #criminal #lawyer #houston #texas

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Texas Criminal Statute of Limitations

Below are the statutes of limitation for criminal cases in Texas which set forth the time periods within which a legal proceeding must be commenced. If the state fails to bring a case within the specified time period, it loses its right to prosecute for that crime forever. In general, violent crimes have a longer statute of limitations, and with some crimes there is no statute of limitations. In certain instances, the statute of limitations may be tolled, or suspended, which grants the state additional time to commence a legal action.

Tex.Code Crim. Proc. Ann. art 12.01 et seq.

Felonies in Texas

Murder and manslaughter

Sexual assault or aggravated sexual assault

Offenses against young children

Leaving the scene of an accident which resulted in death

Trafficking of persons

Offenses related to theft by a fiduciary

Theft by a public servant of government property

Injury to the elderly or disabled

Sexual assault or aggravated sexual assault

Misapplication of fiduciary property

Securing execution of a document by deception

Credit card or debit card abuse

Fraudulent use or possession of identifying information

Theft or robbery

Kidnapping or burglary

Injury to an elderly or disabled individual

Abandoning or endangering a child

Sexual performance by a child, if victim younger than 17

20 years from 18th birthday of the victim

Misdemeanors in Texas

Prostitution, pimping, and pandering

Possession of up to two ounces of marijuana

Theft of property worth less than $50

DNA Evidence

There is no time limit for prosecution of sexual assault if testing of DNA gathered shows that it does not match the victim or any other person whose identity is readily ascertained.

Tolling Provisions

The period of limitation is suspended for:

  • time during which the accused is absent from the state
  • time during which the indictment, information, or complaint is filed in a court of competent jurisdiction, and ending with the day such accusation is, by an order of a trial court having jurisdiction, determined to be invalid for any reason

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