In Texas, the aggravated assault statute of limitations is five years from the date of the offense. Prosecutors have that window to bring an indictment before a grand jury. If the deadline passes without charges, the case is over, even if new evidence surfaces later.1State of Texas. Texas Code of Criminal Procedure Article 12.01 – Felonies
Five years is longer than the three-year default that applies to most Texas felonies. The legislature set the longer window because aggravated assault cases often involve complicated investigations, reluctant witnesses, and victims who need time to recover before cooperating.1State of Texas. Texas Code of Criminal Procedure Article 12.01 – Felonies
When the Clock Starts and Stops
The clock begins on the date the offense was committed. From there, it is a straight countdown unless something pauses it. Texas law calls that pause “tolling,” and two situations trigger it.
The first is leaving the state. Any time the accused person spends outside Texas after the offense does not count against the five years. Someone who commits aggravated assault and moves to another state for four years would still face nearly the full window on returning.
The second is a case already in the system. Once an indictment, information, or complaint has been filed, the clock stops while those proceedings are pending. That keeps defendants from running out the deadline through procedural delay.
Between these two rules, the practical deadline can stretch well past the five-year mark on a calendar.
What Happens After Five Years Pass
Once the window closes without an indictment, the statute of limitations becomes a complete bar to prosecution. The state cannot file the charge no matter what evidence later comes to light. If prosecutors try, the defense files a motion to dismiss and the court is required to grant it. The strength of the evidence does not matter. The severity of the injury does not matter. A confession does not matter. The clock controls the outcome.
For someone who has been under investigation, an expired limitations period is among the strongest defenses available, because it ends the case without any argument about the facts. For victims and their families, the same rule is a reason to report early: investigators need time to work, prosecutors need time to build a case, and five years passes faster than most people expect.
When a Different Deadline Applies Instead
A few situations shift the case out from under the five-year rule, and it helps to know where the boundaries are.
If the victim dies as a result of the assault, the charge can become murder or manslaughter. Murder has no statute of limitations in Texas, and manslaughter carries its own separate deadline. The five-year window here applies only as long as the charge remains aggravated assault.
Enhancements that push aggravated assault from a second-degree felony up to a first-degree felony, such as an attack involving a deadly weapon against a family or household member, an assault on a public servant, or a drive-by shooting, do not change the filing deadline. The enhancement raises the punishment range, not the time prosecutors have to charge.2State of Texas. Texas Penal Code Section 22.02 – Aggravated Assault
The Separate Two-Year Deadline for Victims
The five-year rule governs the state’s ability to prosecute. It says nothing about a victim’s ability to sue. A civil claim for the injuries caused by an aggravated assault is a personal injury lawsuit, and Texas gives victims two years from the date of injury to file it.3State of Texas. Texas Civil Practice and Remedies Code 16.003 – Two-Year Limitations Period
Miss that two-year window and the right to recover medical costs, lost income, and pain-and-suffering damages from the person who caused the injury is usually gone. Texas does extend the civil deadline to as long as 30 years for victims of sexual assault and human trafficking, but aggravated assault is not on that list.4State of Texas. Texas Civil Practice and Remedies Code 16.0045 – Limitations Period for Claims Arising from Certain Offenses
When the Two-Year Civil Clock Can Start Later
In narrow circumstances, Texas courts apply a discovery rule that starts the two-year clock when the victim discovered, or reasonably should have discovered, the injury rather than on the date of the assault itself. This is a limited exception. It typically involves injuries that were not apparent at the time, such as internal damage that only produced symptoms weeks or months later. A victim who knew they were hurt but put off medical care or legal advice will not qualify.
Criminal and Civil Cases Run on Their Own Tracks
Criminal prosecution and a civil lawsuit are independent. The state can prosecute an aggravated assault while the victim separately sues for damages, and the outcome of one does not decide the other. An acquittal in criminal court will not block a civil verdict, because civil cases use a lower standard of proof. The practical trap for victims is timing: the two-year civil deadline can expire while the criminal investigation is still open. Waiting for the criminal case to finish before filing suit is a common and expensive mistake.