The Texas misdemeanor statute of limitations is two years for most offenses, and three years for a narrow set that includes family violence assault and failure to report child abuse or neglect.1State of Texas. Texas Code of Criminal Procedure Article 12.02 – Misdemeanors The clock can pause under certain conditions, but once it runs out for good, the state loses the power to prosecute.
The Two-Year Rule
Article 12.02 of the Texas Code of Criminal Procedure requires a charging document for any Class A, Class B, or Class C misdemeanor to be presented within two years of the date the offense was committed.1State of Texas. Texas Code of Criminal Procedure Article 12.02 – Misdemeanors “Presented” has a specific meaning here. It refers to the prosecutor filing a formal charging document with the court: an indictment or information for Class A and Class B offenses, and a complaint or information for Class C offenses.
An arrest alone does not satisfy the deadline. If a person is arrested but the state never files the formal paperwork before two years pass, the case cannot proceed. Most everyday misdemeanor offenses fall under this rule, including first-offense DWI, theft under $2,500, simple assault, criminal trespass, and Class C offenses such as traffic violations.
The Three-Year Exceptions
Two categories of misdemeanor get a longer window:
- Misdemeanor assault committed against a family member, household member, or someone in a dating relationship. The state has three years from the date of the offense.1State of Texas. Texas Code of Criminal Procedure Article 12.02 – Misdemeanors
- A Class A misdemeanor under Section 261.109(c) of the Family Code, which covers failure to report child abuse or neglect. Charges may be brought within three years from the date the offense was discovered, not the date it happened.1State of Texas. Texas Code of Criminal Procedure Article 12.02 – Misdemeanors
The discovery trigger for failure to report is unusual. Almost every other misdemeanor runs from the date of the act itself, regardless of when it comes to light.
How the Days Are Counted
Texas excludes both the day the offense was committed and the day the charging document is filed from the calculation.2State of Texas. Texas Code of Criminal Procedure Article 12.04 – Computation The rule sounds minor, but a single day has decided real cases when charges are filed right at the edge of the window.
What Pauses the Clock
Two events freeze the limitation period, a concept lawyers call tolling. While the clock is paused, no time accumulates against the state’s deadline.
Time Spent Outside Texas
Any period the accused is absent from the state does not count toward the limitation period.3State of Texas. Texas Code of Criminal Procedure Article 12.05 – Absence From State Tolls Limitation Period If someone commits a Class B misdemeanor and then lives out of state for eight months, those eight months are subtracted. The clock resumes when the person returns. The rule prevents anyone from waiting out a deadline by leaving Texas.
A Charge Already on File
When a charging document has been filed with a court, the limitation period is paused from the date of filing until a court order determines the charge is invalid for any reason.3State of Texas. Texas Code of Criminal Procedure Article 12.05 – Absence From State Tolls Limitation Period If a prosecutor files an information and the court later dismisses it because of a procedural defect, the time it sat pending does not count against the state. Prosecutors can refile as long as enough time remains on the un-paused clock.
What Happens When the Deadline Expires
An expired statute of limitations is an absolute bar to prosecution. If the two-year or three-year period has run and no tolling applies, the state has lost its authority to bring the case. A judge cannot waive it, and a prosecutor cannot argue around it.
If charges are filed late, defense counsel files a motion to dismiss and the court is required to grant it. The protection is permanent. The state cannot refile, retry, or revive the case through any procedural maneuver.
Not the Same as the Right to a Speedy Trial
These two protections are often confused. The statute of limitations controls how long the government can wait before filing charges. The Sixth Amendment’s speedy trial guarantee controls how long the government can wait after charges are filed or an arrest is made.4Constitution Annotated. Overview of Right to a Speedy Trial
Once charges are filed within the limitation period, the statute of limitations has done its job. Texas has no fixed statutory deadline for bringing a filed case to trial; courts instead apply a case-by-case balancing test drawn from federal law.5Justia. Barker v. Wingo A prosecutor who files on day 729 of a two-year window has met the statute of limitations. If the case then sits for years without trial, that is a separate constitutional issue with its own analysis.