The statute of limitations for Texas misdemeanor assault is two years from the date of the offense, extended to three years if the assault involved family violence.1State of Texas. Texas Code of Criminal Procedure Art 12.02 – Misdemeanors Once that window closes, prosecutors cannot bring a criminal case. The deadline is firm, but a handful of specific situations can pause it, and some incidents that look like misdemeanors are actually felonies with longer time limits.
The deadline turns on when the state files its charging document, not when police make an arrest. A prosecutor who files a valid complaint or information on the last day of the two-year window can move forward with the case even if the defendant isn’t arrested for months after that. What matters is the filing date, measured against the date of the alleged offense, not the date anyone reported it. If an assault happened on June 1, 2024, the two-year deadline expires on June 1, 2026, no matter when the victim went to the police.
The Three-Year Window for Family Violence
Misdemeanor assault against a family member, household member, or dating partner gets an extra year. The statute of limitations runs three years from the date of the offense.1State of Texas. Texas Code of Criminal Procedure Art 12.02 – Misdemeanors The extension applies to any class of misdemeanor assault when the relationship fits the Texas Family Code’s definition of family violence.
Covered relationships include current and former spouses, parents of the same child, people related by blood or marriage, current and former household members, and people in current or past dating relationships. The prosecutor doesn’t have to formally label the offense a “family violence assault” for the longer deadline to apply. If the relationship qualifies, the three-year clock runs automatically.
What Pauses the Clock
Two situations stop the limitations period from running. If the accused leaves Texas, the time spent out of state doesn’t count toward the deadline. Someone who lives out of state for eight months after the incident effectively gives prosecutors eight extra months. Second, if a charge is filed within the window and later dismissed for any reason, the time that charge was pending also doesn’t count.2State of Texas. Texas Code of Criminal Procedure Art 12.05 – Absence From State and Time of Pendency of Indictment, Etc If a complaint was filed six months into the window and dismissed a year later, the state still has 18 months of usable time left.
When It’s Actually a Felony
This is where the deadline question gets misread. Several circumstances lift what looks like a simple assault into a third-degree felony with a longer limitations period. A bodily-injury assault becomes a felony when the victim is:3State of Texas. Texas Penal Code 22.01 – Assault
- A family or household member, and the defendant has a prior family violence conviction or choked or strangled the victim
- A public servant acting in an official capacity, such as a police officer or firefighter
- Emergency services personnel responding to an incident
- Hospital personnel on hospital property
- A security officer performing their duties
- A pregnant person the defendant knew was pregnant
Once assault is a third-degree felony, the statute of limitations is three years in most scenarios and five years when the victim is a family or household member.4State of Texas. Texas Code of Criminal Procedure Art 12.01 – Felonies Strangulation of a family member, for example, is both a felony and a family-violence offense, giving the state a five-year window. Identifying the correct charge level is the first step in figuring out whether a case is still within the deadline.
What Happens After the Deadline Passes
Once the limitations period expires, including any tolling, the state is permanently barred from prosecuting. If a prosecutor files anyway, the defense can move to dismiss and the court must grant it. There is no discretion and no workaround. An expired statute of limitations is one of the few absolute defenses in criminal law.
That protection covers the criminal case only. A victim can still sue civilly for the same incident, and Texas gives two years from the date of injury to file a personal injury claim.5State of Texas. Texas Civil Practice and Remedies Code 16.003 – Two-Year Limitations Period The civil clock runs on its own and is not affected by what happens with criminal charges. Civil cases also use a lower standard of proof, so a plaintiff can win damages even when the criminal case is dismissed or never filed at all.
Why the Longer Family Violence Window Matters
The three-year window for family violence assault has a consequence most people don’t see coming. Federal law permanently prohibits anyone convicted of a misdemeanor crime of domestic violence from owning or possessing a firearm or ammunition, and violating that prohibition is a federal felony punishable by up to ten years in prison.6Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Because the state has an extra year to file, family violence charges can surface well after the defendant assumed the incident was behind them. A guilty plea to what looks like a minor misdemeanor can trigger a lifetime firearm ban with real consequences for employment, hunting, and security clearances. Anyone facing a family violence assault charge within the three-year window should weigh that federal consequence before entering any plea.