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Statute of Limitation and Why it is Important to Your Case

On Behalf of | Nov 5, 2021 | Criminal Defense |

A statute of limitation is a prohibition on the state’s ability to file charges against an individual after the passage of a certain amount of time. If the State attempts to charge you with a crime after the Statute of Limitations has run, then your case will be dismissed. Call Clarissa Fernandez Pratt, Attorney at Law at 210-417-4590 to discuss the Statute of Limitations in your case.

CLASS A AND B MISDEMEANOR: An indictment or information for any Class A or Class B misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.

CLASS C MISDEMEANOR: A complaint or information for any Class C misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.

No Statute of Limitation for Some Crimes: Some crimes in Texas do not have statute of limitations. Texas Legislatures believed that some crimes are so heinous that the statute of limitations should apply.

  • Those crimes include: Murder, manslaughter, some sexual assaults under Section 22.011(a)(2) of the penal code, aggravated sexual assault under 22.021(a)(1)(B)of the Penal Code, indecency with a child, continuous sexual assault of a child and/or a disabled individual, trafficking continuous trafficking, and compelling prostitution.

FELONY CASES:

  • 20 YEARS: the following felony cases have a statute of limitations of 20 years from the date of the VICTIM’S 18TH BIRTHDAY: if the investigation of the offense shows that the victim is younger than 17 years of age at the time the offense is committed, 20 years from the 18th birthday of the victim of one of the following offenses: sexual performance by a child under Section 43.25, Penal Code; aggravated kidnapping under Section 20.04(a)(4), Penal Code, if the defendant committed the offense with the intent to violate or abuse the victim sexually; or burglary under Section 30.02, Penal Code, if the offense is punishable under Subsection (d) of that section and the defendant committed the offense with the intent to commit an offense described by Subdivision (1)(B) or (D) of this article or Paragraph (B) of this subdivision;
  • 10 YEARS: the following felony cases have a statute of limitations of 10 years from the date of the VICTIM’S 18TH BIRTHDAY: ten years from the 18th birthday of the victim of the offense: trafficking of persons under Section 20A.02(a)(5) or (6), Penal Code; injury to a child under Section 22.04, Penal Code; or bigamy under Section 25.01, Penal Code, if the investigation of the offense shows that the person, other than the legal spouse of the defendant, whom the defendant marries or purports to marry or with whom the defendant lives under the appearance of being married is younger than 18 years of age at the time the offense is committed;
  • 10 YEARS: the following felony cases have a statute of limitations of 10 years from the date of the commission of the offense: theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust interested in such estate; theft by a public servant of government property over which the public servant exercises control in the public servant’s official capacity; forgery or the uttering, using or passing of forged instruments; injury to an elderly or disabled individual punishable as a felony of the first degree under Section 22.04, Penal Code; sexual assault, except as provided by Subdivision (1) or (7);arson; trafficking of persons under Section 20A.02(a)(1), (2), (3), or (4), Penal Code; or compelling prostitution under Section 43.05(a)(1), Penal Code;
  • 7 YEARS: the following felony cases have a statute of limitations of 7 years from the date of the commission of the offense: misapplication of fiduciary property or property of a financial institution; fraudulent securing of document execution; a felony violation under Chapter 162, Tax Code; false statement to obtain property or credit under Section 32.32, Penal Code; money laundering; credit card or debit card abuse under Section 32.31, Penal Code; fraudulent use or possession of identifying information under Section 32.51, Penal Code; exploitation of a child, elderly individual, or disabled individual under Section 32.53, Penal Code; health care fraud under Section 35A.02, Penal Code; or bigamy under Section 25.01, Penal Code, except as provided by Subdivision (6);
  • 5 YEARS: the following felony cases have a statute of limitations of 5 years from the date of the commission of the offense: theft or robbery; except as provided by Subdivision (5), kidnapping or burglary; injury to an elderly or disabled individual that is not punishable as a felony of the first degree under Section 22.04, Penal Code; abandoning or endangering a child; or insurance fraud;
  • 3 YEARS: three years from the date of the commission of the offense: all other felonies.

How is the time calculated?

Under Art. 12.04, the day on which the offense was committed and the day on which the indictment or information is presented shall be excluded from the computation of time.