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.
| Offense | Limit |
|---|---|
| OffenseMurder, manslaughter, and the other offenses the article lists | LimitNo limitation |
| OffenseArson, forgery, sexual assault apart from the listed exceptions, theft by a fiduciary or public servant | Limitten years |
| OffenseMost offenses in the fraud chapter of the Penal Code, money laundering, health care fraud | Limitseven years |
| OffenseTheft, robbery, most kidnapping and burglary, insurance fraud, aggravated assault, family violence assault | Limitfive years |
| OffenseAll other felonies | Limitthree years |
| OffenseClass A, B and C misdemeanors | Limittwo years |
| OffenseMisdemeanor assault on a family or household member or dating partner | Limitthree 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)
- Crim. Proc. art. 12.01 — Felonies: limitation periods
- 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.