What Is the Statute of Limitations for Criminal Charges in Texas?

The General Rule

In Texas, the statute of limitations for most misdemeanor offenses is 2 years. Most felony offenses have a 3-year limitation period. After the limitation period expires without charges being filed, the state loses the ability to prosecute that offense. The clock generally starts when the alleged offense was committed. However, significant exceptions apply — and for many of the most serious charges, the limitations period is much longer or does not exist at all.

Key Exceptions — Longer or No Limitations Period

• Murder and capital murder: No statute of limitations under CCP Art. 12.01
• Sexual assault: 10 years from the offense; no limit if victim was under 17
• Aggravated sexual assault: No limit if victim was under 18
• Continuous sexual abuse of a child: No limitations period
• Human trafficking: No limitations period
• Injury to a child: 10 years
• Money laundering over $500,000: 10 years
• Tax fraud: 7 years

Tolling — When the Clock Pauses

The limitations period can be “tolled” — temporarily paused — in specific circumstances. If the defendant is absent from Texas, the clock stops for that absence. For certain offenses, DNA evidence availability can toll the limitations period indefinitely. If a grand jury is considering the case, the period is also tolled during that process.

Limitations and Active Warrants

If a warrant was issued before the limitations period expired, the state can still execute the warrant after the period has passed. The limitations period applies to the charging decision, not to the execution of a warrant that was timely obtained.

What This Means Practically

For most clients facing recent arrests in Austin, the statute of limitations is not the central defense issue — the evidence challenges and the charging decisions are. But for people concerned about old incidents that were never charged, or for witnesses who are being contacted years after an event, the limitations analysis is essential. Call 512-599-9999 for a case-specific evaluation.