Statute of Limitations

What is the Statute of Limitations?
The Statute of Limitations (SOL) is a recognition that some cases are too old to prosecute. SOL prevents the State from filing cases after a certain amount of time has passed. Here is how the Court of Criminal Appeals described SOL-

The statute of limitations is an act of grace for the benefit of potential defendants, a voluntary surrendering by the people of their right to prosecute. This act of grace serves several objectives: (1) it protects defendants from having to defend themselves against charges when the basic facts may—or may not—have become obscured by time; (2) it prevents prosecution of those who have been law-abiding for some years; and (3) it lessens the possibility of blackmail. Proctor v. State, 967 S.W.2d 840 (Tex.Cr.App. 1998).

If a case is filed outside the SOL then your defense lawyer must raise this issue in a pre trial Motion to Dismiss.

What is the Statute of Limitations for certain offenses?

It depends on what you charged with. You can find this information in the Code of Criminal Procedure Article 12.

No Statute of Limitations- Murder/manslaugther, sexual assault with DNA evidence, and leaving the scene of an accident that results in death

Ten Years- theft of any estate by an executor/administrator. Theft by a public servant of government property, Forgery. Injury to a child, elderly individual, or disabled individual punishable as a felony of the first degree under Section 22.04, Penal Code; Sexual assault, unless there is DNA evidence or if the victim is under 18. Arson;

Seven Years
misapplication of fiduciary property or property of a financial institution;securing execution of document by deception; or certain Tax Code violations

Five Years
Theft, burglary, robbery; kidnapping; injury to a child, elderly individual, 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;

Ten Years From the 18th Birthday of the victim
Indecency with a child, Sexual assault under Section 22.011(a)(2), Penal Code, or aggravated sexual assault under Section 22.021(a)(1)(B), Penal Code;

Three Years
All other felonies not already listed. This includes felony drug offenses.

Two Years
All Misdemeanor offenses including DWI, marijuana possession, assault family violence etc.

When Does the Statute of Limitations start?
The day you (allegedly) commit the offense.