What Happens When You Press Charges in Texas?

In Texas, “pressing charges” is a phrase from television, not from the law. Crime victims do not file criminal charges in Texas; they report what happened, and a prosecutor — the district attorney or county attorney — decides whether the state will charge anyone. Your cooperation matters enormously, but the decision to file, pursue, or dismiss a criminal case belongs to the State of Texas.¹

Why the State Files Charges, Not You

A crime in Texas is treated as an offense against the state, which is why criminal cases are styled “The State of Texas v. [Defendant]” rather than listing the victim as the plaintiff. The prosecutor represents the state’s interest. The victim, however central to the facts, is not a formal party to the case.²

The reasoning is practical. If victims controlled prosecution, defendants could pressure them into silence, and the community would lose its ability to hold dangerous people accountable. A prosecutor’s duty under Texas law is to see that justice is done, which sometimes means pursuing a case over the victim’s objection, and sometimes means declining to prosecute even when the victim wants to move forward.²

That doesn’t mean your wishes get ignored. A victim’s willingness to testify, their account, and their stated preferences all carry weight. The victim is usually the state’s most important witness, and a case with a reluctant victim is harder to win at trial. Prosecutors know this. But final authority stays with the state.

How to Report the Crime

Everything starts with a report to law enforcement. Call 911 if the danger is immediate. Otherwise, use the police department’s non-emergency line or walk into a substation to file an offense report in person. Some departments accept online reports for minor non-violent incidents like petty theft or property damage.

Specificity makes an investigation move. Bring with you:

Date, time, and location as precisely as you can give them, with street addresses or landmarks.
A chronological account of what happened.
Any suspect information you have: name, physical description, vehicle, license plate.
Names and contact information for witnesses.
Photos of injuries or damage, text messages, surveillance footage, and anything else documenting the crime.

The officer compiles everything into an official offense report, which becomes the foundation of the case. Hold on to the report number — you’ll need it to check on the investigation and to apply for victim services or insurance. One caution: knowingly making a false statement to a peace officer during a criminal investigation is a Class B misdemeanor in Texas, carrying up to 180 days in jail.³

What the Prosecutor Looks At

After law enforcement’s initial investigation, the case goes to the prosecutor’s office. In most Texas counties, the county attorney handles misdemeanors and the district attorney handles felonies, though in some counties the district attorney handles both.⁴ The prosecutor then exercises what the law calls prosecutorial discretion.

The single biggest factor is whether the evidence can prove guilt beyond a reasonable doubt at trial. If the prosecutor doesn’t believe the evidence clears that bar, no charges get filed, regardless of how clear-cut the case feels to the victim. Specific considerations include the physical evidence, witness credibility, the victim’s account and willingness to cooperate, the severity of the offense, and the suspect’s criminal history. Many cases stall here, not because no one cares, but because the gap between “something bad happened” and “we can prove who did it in court” is often wide.

Misdemeanor vs. Felony: How Charges Get Filed

Texas uses two different charging instruments depending on the severity of the offense, which is a large part of why felony cases take longer to get moving.

For misdemeanors, the prosecutor files a document called an “information” — a written accusation signed by the prosecutor and supported by a sworn complaint, typically the police report and any supplemental investigation. No grand jury is involved, and the process can move relatively quickly.

Felonies work differently. Under the Texas Constitution, no person can be held to answer for a felony unless a grand jury issues an indictment.¹ A grand jury of twelve citizens reviews the prosecutor’s evidence in a closed proceeding. The suspect and defense attorney are not present. If at least nine of the twelve grand jurors find probable cause, they return a “true bill” and the defendant is formally indicted. If they don’t, they return a “no bill” and the case doesn’t proceed, though the prosecutor can sometimes bring it back later with additional evidence. Expect this step to add weeks or months to the timeline on a felony.

Can You Drop the Charges Later?

No. Once the prosecutor files charges, only the prosecutor can dismiss them. The case belongs to the State of Texas, not to you. This is the most misunderstood piece of the whole process, and it catches people off guard — especially after a reconciliation or when a victim simply wants to move on.

What you can do is sign an affidavit of non-prosecution, a notarized sworn statement telling the prosecutor you no longer wish to participate in the case and would like the charges dismissed.⁵ Blank forms are typically available from the court clerk’s office or the prosecutor’s victim assistance coordinator.

The affidavit is a request, not an order. The prosecutor reads it, weighs it, and decides independently. In minor cases without much other evidence, an affidavit often leads to dismissal because the case becomes nearly impossible to win without the victim. In serious cases — particularly family violence — prosecutors routinely proceed over a victim’s objection when they have 911 recordings, body camera footage, medical records, or third-party witnesses. The reason is that victims in abusive relationships face enormous pressure to recant, and dismissing every case when a victim asks would effectively shield abusers from accountability.

How Long You Have to Report

Texas sets deadlines on how long after a crime the state can bring charges. Once the statute of limitations expires, prosecution is barred regardless of the evidence. The clock generally starts on the date the offense was committed.⁶

No time limit for murder, manslaughter, sexual assault of a child, aggravated sexual assault of a child, continuous sexual abuse of a child, certain human trafficking offenses, and several other serious crimes.
Ten years for theft by a fiduciary (executor, trustee, guardian), theft by a public servant, forgery, injury to an elderly or disabled person, and certain arson offenses.
Seven years for misappropriation of fiduciary or financial property and certain fraud-related offenses.
Five years for most other felonies, including robbery, burglary, and assault.
Three years for most felonies involving theft or burglary of a vehicle.
Two years for all misdemeanors.

If you’re thinking about reporting something that happened months or years ago, don’t assume the window has closed. Check the specific offense. Texas has deliberately eliminated or extended these deadlines for violent and sexual offenses so that evidence surfacing years later, including DNA, can still support prosecution.⁶

Your Rights During the Case

Texas law gives crime victims a formal, enforceable set of rights under Chapter 56A of the Code of Criminal Procedure.⁷ Among them:

The right to be informed about court proceedings, the defendant’s release on bail, and the outcome of the case.
The right to be present at public court proceedings related to the case.
The right to confer with the prosecutor’s office, including about plea negotiations.
The right to seek restitution if the defendant is convicted.
The right to reasonable protection from the accused throughout the process.

These don’t give you control over charging, but they do guarantee a seat at the table. If you feel your rights are being ignored, contact the Victim Assistance Coordinator at the prosecutor’s office. Every Texas prosecutor’s office is required to have one.

Getting Money Back

A successful prosecution doesn’t automatically put money in your pocket. Texas gives victims three separate paths to financial recovery, and you can pursue all three.

Court-Ordered Restitution

If the defendant is convicted, the judge can order restitution as part of the sentence, requiring reimbursement for losses caused directly by the crime — medical bills, lost wages, property repair or replacement, and funeral expenses in homicide cases. Restitution becomes a legal obligation, but collection is often slow, and enforcement depends on probation or parole staying on top of payments.

Crime Victims’ Compensation Program

Texas runs a state-funded program through the Attorney General’s office that helps victims cover crime-related expenses even before a case reaches trial, and even if no one is ever charged.⁸ It covers things like medical treatment, counseling, lost wages, and funeral expenses for victims of violent crime. You generally must report the crime to law enforcement within a reasonable time and cooperate with the investigation to qualify. Funding comes from fees and fines paid by convicted offenders, not from tax revenue.

Civil Lawsuit

A criminal case punishes the offender; a civil case compensates the victim. You can sue in civil court for assault, battery, or other harm regardless of whether criminal charges were filed, and regardless of whether the defendant was convicted or acquitted. Civil cases use a lower standard of proof: you only need to show your claim is more likely true than not, rather than proving guilt beyond a reasonable doubt. Civil suits can also recover damages that criminal courts don’t award, including pain and suffering, emotional distress, and in some cases punitive damages. The tradeoff is cost: civil cases take money to file and litigate, and collecting from a defendant without assets can be as frustrating as collecting restitution.

Safety: Protective Orders and Threats

If you’re in danger from the person who harmed you, Texas allows victims of family violence, stalking, and sexual assault to apply for a protective order through the courts. Under the Texas Family Code, you file the application in the county where you live, where the respondent lives, or where the violence occurred.⁹ A protective order can prohibit the abuser from contacting you, coming near your home or workplace, and possessing firearms. Violating a protective order is itself a criminal offense.

You don’t need a lawyer to apply, though one can help. A prosecutor can also file for a protective order on your behalf. Under federal law, states cannot charge victims filing fees for the issuance or service of protective orders in domestic violence, stalking, and sexual assault cases, so cost is not a barrier.

Retaliation against a cooperating victim or witness is a felony under the Texas Penal Code.¹⁰ If someone threatens you because you reported a crime or agreed to testify, report that threat right away. It’s a separate offense that prosecutors take seriously, and it often strengthens rather than weakens the original case. Pairing a new report with a protective order application gives you an enforceable court order that creates immediate criminal consequences for further contact.

1
State of Texas. Code of Criminal Procedure Chapter 1 General Provisions
2
State of Texas. Texas Code of Criminal Procedure Article 2.01 – Duties of District Attorneys
3
State of Texas. Texas Penal Code Section 37.08 – False Report to Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, or Jailer
4
Travis County, Texas. Criminal Trial Division
5
Tarrant County, Texas. Affidavit of Non-Prosecution
6
State of Texas. Code of Criminal Procedure Chapter 12 Limitation and Venue
7
State of Texas. Code of Criminal Procedure Chapter 56A Rights of Crime Victims
8
Texas Attorney General. Crime Victims’ Compensation Program
9
State of Texas. Texas Family Code Chapter 82 Applying for Protective Order
10
State of Texas. Texas Penal Code Section 36.06 Obstruction or Retaliation