Texas Criminal Statutes of Limitation

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577


Updated May 9, 2014

Texas current criminal statutes of limitation are governed by Texas Code of Criminal Procedure Chapter 12.  The statute of limitation is the deadline for the State to file an information (the charging document in a misdemeanor) or for a grand jury to issue an indictment (in a felony).

The prosecution has met the statute where the file the case prior the expiration of the statute — even if they don’t apprehend the defendant prior to the statute.  The delay in apprehending a defendant, though, is a separate issue.

2 Year Statute of Limitation:

All misdemeanors


  • First and Second DWI arrests
  • DWI with greater than 0.15
  • Possession of Marijuana of 4 oz or less
  • Assault causing bodily injury
  • Vandalism (Criminal mischief) up to $1,500 damage
  • Theft up to $1,500

3 Year Statute of Limitation

Any felony…

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