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How Long They Have To Charge You

Crim. Proc. art. 12.01 — three years for most felonies, two for misdemeanors, none for some

In Texas, a charge has to be presented within the limit the Code sets for the offense, and not afterward. The limit runs from the date the offense was committed unless the article says it runs from a discovery or a birthday instead.

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OffenseLimit
OffenseMurder, manslaughter, and the other offenses the article listsLimitNo limitation
OffenseArson, forgery, sexual assault apart from the listed exceptions, theft by a fiduciary or public servantLimitten years
OffenseMost offenses in the fraud chapter of the Penal Code, money laundering, health care fraudLimitseven years
OffenseTheft, robbery, most kidnapping and burglary, insurance fraud, aggravated assault, family violence assaultLimitfive years
OffenseAll other feloniesLimitthree years
OffenseClass A, B and C misdemeanorsLimittwo years
OffenseMisdemeanor assault on a family or household member or dating partnerLimitthree years

Several offenses against children run from the victim's 18th birthday, and some run from discovery, as the article sets out. What stops the clock, such as absence from the state, and how a charge counts as presented, are in other articles of the chapter and are not reproduced here. Whether a charge was timely is a question for a court and for a licensed Texas attorney.

Sources for this section (2)
  1. Crim. Proc. art. 12.01 — Felonies: limitation periods
  2. Crim. Proc. art. 12.02 — Misdemeanors: limitation periods

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.

On the clock

2 periods on this page run out. Each is stated above with its authority; this is the same thing with the date attached.

  • 2 yearsThe state's time to present a charge for a misdemeanor · from the offense being committed
  • 3 yearsThe state's time to present an indictment for most felonies · from the offense being committed

From here