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Statute of Limitations Texas
Understanding the Statute of Limitations
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Home – Criminal Defense – Statute of Limitations
What is the Statute of Limitations in Texas?
If you’re facing a criminal investigation or old allegations, understanding the statute of limitations in Texas is crucial. The statute of limitations sets the maximum time the state has to file criminal charges against you. If prosecutors try to charge you after that deadline has passed, you may be able to get the case dismissed.
At our firm, we help people in Austin and throughout Central Texas protect their rights when old charges resurface. If you think your case might be “too old,” talk to an experienced defense lawyer before you talk to the police.
Contact The Hull Firm today for a confidential consultation at 512-599-9999 or fill out our online form.
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Information Center
- Why Does Texas Have a Statute of Limitations?
- How Long is the Statute of Limitations for Criminal Charges?
- How Does the Statute of Limitations Affect My Criminal Case?
- Examples of Statutes of Limitations for Common Texas Charges
- How We Use the Statute of Limitations to Defend You
- Frequently Asked Questions
- Areas We Serve
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If you’re searching for an experienced criminal defense attorney in Austin, or need a dedicated Austin criminal defense lawyer to protect your rights, contact The Hull Firm today. We are committed to achieving the best possible results for our clients. Let us put our expertise to work and fight for you.
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#1 Goal Is A Dismissal
Why Does Texas Have a Statute of Limitations?
The statute of limitations exists to protect people from unfair prosecutions based on stale evidence. Memories fade, witnesses disappear, and physical evidence can get lost or damaged. Texas law sets strict deadlines for when the state must bring charges — and if they miss the deadline, you have the right to fight the case.
How Long is the Statute of Limitations for Criminal Charges in Texas?
Texas statutes of limitations vary based on the type of crime. Here are some general timeframes:
- Misdemeanors: 2 years
Most misdemeanors, such as simple assault or minor theft, have a 2-year statute of limitations. - Felonies: Generally 3 years
Many felonies, including standard theft or burglary, have a 3-year limit. - Serious Crimes: No limit for some crimes
Some offenses, such as murder and certain sex crimes against children, have no statute of limitations. - Special Circumstances:
Some charges have longer periods: - Theft by a public servant: 10 years
- Certain fraud or credit card abuse: 7 years
- Injury to elderly or disabled: 10 years
These time limits can get complicated if you’re dealing with multiple charges or a case involving different jurisdictions. Always confirm with a lawyer who understands the local courts.
How Does the Statute of Limitations Affect My Criminal Case?
Know What To Expect
If you’re accused of a crime, the statute of limitations might be your strongest defense. But you must raise it — the court won’t do it for you.
Your lawyer will look at:
- The exact charge filed
- The date the alleged offense occurred
- When prosecutors filed the case
- Any actions that might have paused or extended the limit, like leaving the state
Even if you think the time limit is up, the state might argue it was “tolled” (paused) if you were out of Texas or hiding. That’s why you need an experienced defense lawyer to argue the facts.
Examples of Statutes of Limitations for Common Texas Charges
Here are some examples that often come up in Central Texas:
- DWI/DUI: 2 years for most misdemeanors. See DWI Defense for more on how we fight drunk driving charges.
- Drug Possession: Typically 3 years for felony drug possession. See Drug Charges.
- Assault: Simple assault is generally 2 years. Aggravated assault can be 3 years or longer depending on the circumstances. Learn more at Assault Defense.
- Probation Violations: While a violation isn’t technically a “new charge,” prosecutors may try to add older allegations. See Probation Violations.
How We Use the Statute of Limitations to Defend You
At our firm, we’ve helped clients get charges dropped or dismissed when the state missed its deadline. Our team:
- Analyzes when the alleged offense occurred
- Reviews all charging documents for errors
- Challenges any argument that the time limit should be paused
- Fights to get untimely cases thrown out in court
When you’re facing criminal charges, having an experienced local defense team matters.
Frequently Asked Questions About the Statute of Limitations
Can I be charged after the statute of limitations runs out?
Prosecutors may try, but your lawyer can move to have the charges dismissed.
Does every crime have a statute of limitations?
No — murder and some serious sex crimes have no limit in Texas.
What stops the statute of limitations?
Leaving Texas, hiding your identity, and other factors can pause the clock.
Should I talk to police if I think the time is up?
Never talk to law enforcement without speaking to your lawyer first.
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Local Courts and Communities We Serve
Our probation violation lawyers represent clients throughout Central Texas, including:
- Travis County Juvenile Courts
- Austin
- Williamson County Juvenile Courts
- Round Rock, Georgetown, Cedar Park, Leander
- Hays County Juvenile Courts
- San Marcos, Dripping Springs
- Bee Cave, Lakeway, West Lake Hills, and other local communities