Some crimes cannot be prosecuted after a specific period of time. In Texas, there is a three year statute of limitation on most felonies and a two year statute of limitations on misdemeanors. After the statute has expired the state can no longer bring charges. 

However, there are some caveats you should be aware of, especially if you are counting on the statute of limitations to save you from prosecution. 

Some crimes have longer statutes of limitations. 

While the felony/misdemeanor standards are good rules of thumb, there are certain crimes that have different statutes of limitations.

  • Criminally negligent homicide has a 5 year statute. 
  • Felony sexual assaults not covered by the exceptions which create no statutes of limitations have a ten year statute.
  • Compelling the prostitution of an adult or trafficking adult persons carries a ten year statute. 
  • Theft by fiduciaries, that is, someone who has a fiduciary responsibility to the person they’re stealing from, has a 10 year statute. Misapplication of fiduciary property has a 7 year limit.
  • Theft of government property by a public servant has a ten year statute. 
  • Felony tax code violations have a 7 year limit.
  • Credit or debit card abuse has a seven year limit.
  • Identity theft carries a seven year limit, as does health care fraud.
  • General insurance fraud carries a 5 year limit whereas health care fraud carries a 7 year limit. 
  • Other felony theft or robbery carries a 5 year limit. 
  • Aggravated kidnapping with the intent to sexually assault has a 20 year limit that starts not from the date of the crime, but from the date of the victim’s 18th birthday if the victim was underage.
  • Trafficking for forced labor or services that are not sexual in nature has a 10 year statute that starts from the date of the victim’s 18th birthday if the victim was under age.
  • Injury to a child has a statute that is 10 years from the victim’s 18th birthday.

Some crimes have no statute of limitations.

There is absolutely no time limit on murder or manslaughter, or on hit and run involving a death. It could take Texas law enforcement twenty years to solve that crime and you could still be arrested, tried, and imprisoned for it. 

There also is no time limit on aggravated sexual assault of a child younger than 17, the continuous sexual abuse of a child younger than 14, or in sexual assault cases wherein probable cause exists to believe the defendant has committed similar sex offenses against five or  more victims. There’s also no time limit for sex trafficking a child, continuous trafficking of persons, or compelling the prostitution of a child. 

There are circumstances that allow the government to ask for more time. 

Certain circumstances give the prosecutor more time. Evading arrest or leaving the state could mean that the charges are “tolled”. It’s just as if someone reached out to stop the play clock in chess; the time is frozen and doesn’t start up again until an event happens which allows the clock to be “turned back on.” 

In many cases it is unwise to rely on the statute of limitations alone if you know you may be charged with a crime in Texas. It is better to reach out to an experienced criminal defense lawyer to get help. If the statute can be used in your defense we’ll use it; if not we’ll look to other options.

If you or a loved one is in trouble, reach out to our office to get help today.

See also: 

How Much Evidence Must Houston, TX Prosecutors Turn Over About Your Case? 

What Should You Do If There’s a Warrant Out for Your Arrest in Houston, TX? 

How To Exercise Your Right to Remain Silent After a Houston, TX Arrest

A+ Rated

Houston Criminal Lawyer

icon-2
Former Prosecutors

On Your Side

experience-min
Trial Proven

State and Federal

thumbsup-min
Over 2,500 Clients

Helped in Texas

Some crimes cannot be prosecuted after a specific period of time. In Texas, there is a three year statute of limitation on most felonies and a two year statute of limitations on misdemeanors. After the statute has expired the state can no longer bring charges. 

However, there are some caveats you should be aware of, especially if you are counting on the statute of limitations to save you from prosecution. 

Some crimes have longer statutes of limitations. 

While the felony/misdemeanor standards are good rules of thumb, there are certain crimes that have different statutes of limitations.

  • Criminally negligent homicide has a 5 year statute. 
  • Felony sexual assaults not covered by the exceptions which create no statutes of limitations have a ten year statute.
  • Compelling the prostitution of an adult or trafficking adult persons carries a ten year statute. 
  • Theft by fiduciaries, that is, someone who has a fiduciary responsibility to the person they’re stealing from, has a 10 year statute. Misapplication of fiduciary property has a 7 year limit.
  • Theft of government property by a public servant has a ten year statute. 
  • Felony tax code violations have a 7 year limit.
  • Credit or debit card abuse has a seven year limit.
  • Identity theft carries a seven year limit, as does health care fraud.
  • General insurance fraud carries a 5 year limit whereas health care fraud carries a 7 year limit. 
  • Other felony theft or robbery carries a 5 year limit. 
  • Aggravated kidnapping with the intent to sexually assault has a 20 year limit that starts not from the date of the crime, but from the date of the victim’s 18th birthday if the victim was underage.
  • Trafficking for forced labor or services that are not sexual in nature has a 10 year statute that starts from the date of the victim’s 18th birthday if the victim was under age.
  • Injury to a child has a statute that is 10 years from the victim’s 18th birthday.

Some crimes have no statute of limitations.

There is absolutely no time limit on murder or manslaughter, or on hit and run involving a death. It could take Texas law enforcement twenty years to solve that crime and you could still be arrested, tried, and imprisoned for it. 

There also is no time limit on aggravated sexual assault of a child younger than 17, the continuous sexual abuse of a child younger than 14, or in sexual assault cases wherein probable cause exists to believe the defendant has committed similar sex offenses against five or  more victims. There’s also no time limit for sex trafficking a child, continuous trafficking of persons, or compelling the prostitution of a child. 

There are circumstances that allow the government to ask for more time. 

Certain circumstances give the prosecutor more time. Evading arrest or leaving the state could mean that the charges are “tolled”. It’s just as if someone reached out to stop the play clock in chess; the time is frozen and doesn’t start up again until an event happens which allows the clock to be “turned back on.” 

In many cases it is unwise to rely on the statute of limitations alone if you know you may be charged with a crime in Texas. It is better to reach out to an experienced criminal defense lawyer to get help. If the statute can be used in your defense we’ll use it; if not we’ll look to other options.

If you or a loved one is in trouble, reach out to our office to get help today.

See also: 

How Much Evidence Must Houston, TX Prosecutors Turn Over About Your Case? 

What Should You Do If There’s a Warrant Out for Your Arrest in Houston, TX? 

How To Exercise Your Right to Remain Silent After a Houston, TX Arrest

AWARDS & RECOGNITION
TESTIMONIALS

Rated 5/5 based on 52 customer reviews

DarkLogo
GrecoNeylandStars
Kenny McKee
Kenny McKee
17:11 11 Dec 18
They did a great job getting rid of my parking and speeding tickets. I recommended them to my friends and family. And they've also experienced the same professionalism and great quality service at an affordable price.
Brian Gomez
Brian Gomez
16:50 11 Dec 18
Dustan and his staff create the best team. They know the law, and made me feel like I was involved and understood everything that was going on. Dustan took the time to explain to me and my family what we could expect, and then led the way.
Heidi Etter
Heidi Etter
15:33 11 Dec 18
Dustan and his staff helped handle my divorce proceedings. He was incredibly knowledgeable and on top of everything I needed to do. Everything was handled in a timely and professional manner. I’m very thankful for his expertise in helping me to manage a difficult situation.
Jordan Bradshaw
Jordan Bradshaw
15:31 11 Dec 18
The staff at Greco Neyland helped a friend of mine on a case. Everyone was so nice and friendly! I definitely recommend them to anyone who needs someone knowledgeable who also really cares about their clients.
Justin Washington
Justin Washington
23:12 06 Nov 18
Dunstan and the staff at Greco Neyland are truly professional and very helpful and understanding through the process. I was facing a felony case and Dunstan got it no billed . I definitely recommend this firm if you want a lawyer that’s going to defend and fight for you.
Next Reviews Write a review
Shadow1
FREE CASE REVIEW

No Pressure. Speak To An Attorney. No Hidden Fees.

OR CALL 713.972.1100