The statute of limitations represents the timeframe within which charges can be filed against an individual following an alleged crime. In Texas, both civil and criminal cases are subject to statutes of limitations, with varying durations depending on the severity of the alleged offense.
Crimes such as murder or manslaughter are exceptions to statutes of limitations, meaning charges can be brought at any time, regardless of how much time has passed since the alleged crime. This resource aims to provide clarity on how statutes of limitations function in Texas.
Purpose of Statutes of Limitations:
Statutes of limitations serve several purposes in Texas. They ensure that criminal cases are addressed urgently and efficiently before reaching the time limit. Additionally, these limitations help preserve the integrity of evidence, both incriminating and defensive, as evidence can deteriorate over time. Timely resolution is crucial, especially for evidence reliant on eyewitness testimonies, which may become unreliable with the passage of time.
Moreover, statutes of limitations reduce the likelihood of facts being lost or obscured, as less time elapses between the crime and the trial. While some crimes may require more time to collect evidence, statutes of limitations aim to balance the need for timely justice.
Exempt from Statutes of Limitations:
Certain serious offenses in Texas have no statutes of limitations. Offenses like murder or manslaughter, sexual assault, leaving the scene of a fatal accident, human trafficking, and compelling prostitution allow charges to be filed at any point during the defendant’s lifetime.
Duration of Statutes of Limitations:
The duration of statutes of limitations varies based on the type and severity of the crime. They typically fall into categories of 3 years, 5 years, 7 years, or 10 years. Some offenses may have a 20-year statute of limitations starting from the victim’s 18th birthday.
- Felonies With a 3-Year Statute of Limitation: Offenses such as enhanced DWI with a Child Passenger, Intoxication Assault, and Intoxication Manslaughter fall under this category.
- Statute of Limitation Is 5 Years for Allegations Including Theft, Robbery, Kidnapping, Burglary, Injury to an elderly or disabled individual, Abandoning or endangering a child, and Insurance fraud.
- Statute of Limitation is 7 Years for Allegations Including Misapplication of fiduciary property, Fraudulent securing of document execution, Money laundering, Credit or debit card abuse, Fraudulent use of possession of identifying information (ID theft), and others.
- Statute of Limitation is 10 Years for Allegations Including Theft of an estate, Theft by a public servant, Forgery, Injury to an elderly or disabled individual (first-degree felony), Sexual assault or aggravated sexual assault, Arson, Human trafficking, and Compelling prostitution.
Pending Felony Charges:
Felony charges in Texas typically remain pending for a minimum of three years, which is the minimum statute of limitations for a felony. However, if the statute of limitations is longer, felony charges can remain pending for the entire specified period.
Time Frame for Filing Charges by Police:
The police must file charges within specific time frames based on the severity of the offense. For civil offenses like libel or slander, prosecutors have a one-year time limit, while most misdemeanors allow police two years to press charges.
Crimes with No Statute of Limitations:
For severe crimes like murder or manslaughter, sexual assault, sexual assault of a child, leaving the scene of a fatal accident, human trafficking, and compelling prostitution, there is no time limit on when charges can be brought against a defendant.
Dunham & Jones Criminal Defense Attorneys
Statutes of limitations in Texas establish the period between the commission of a crime and the last possible date for pressing charges. Their purpose is to ensure cases are treated efficiently and fairly. Depending on the offense’s severity, statutes of limitations can range from 1 year to 20 years, with certain crimes having no limitations. Consulting a skilled criminal defense lawyer is advisable to address concerns about potential charges. For a free consultation, call Dunham & Jones today at 800-499-8455.
