The statute of limitations on assault in Texas runs from two to ten years, depending on the severity of the charge and who was hurt. Two years is the standard for misdemeanor assault, three years applies when a family member or dating partner is the victim, and felony cases range from three to ten years. Once the deadline passes without charges being filed, the state loses the right to prosecute that offense for good.
Misdemeanor Assault: Two Years, or Three for Family Violence
For most misdemeanor assault charges in Texas, prosecutors have two years from the date of the offense to file charges.1Texas Public Law. Texas Code of Criminal Procedure Article 12.02 – Misdemeanors That two-year window applies across Class A, Class B, and Class C misdemeanor assault alike, whether the conduct involved causing bodily injury, threatening someone, or making offensive physical contact.2State of Texas. Texas Penal Code 22.01 – Assault
Family violence cases get an extra year. When a misdemeanor assault involves a family member, household member, or dating partner, the deadline stretches to three years.1Texas Public Law. Texas Code of Criminal Procedure Article 12.02 – Misdemeanors A bar fight and a domestic assault may carry the same punishment, but the state has 50% more time to build the family violence case. Assuming the standard two-year clock applies to a domestic situation can leave you off by a full year.
Felony Assault: Three, Five, or Ten Years
Felony limitation periods depend on both the charge and the victim.
Three Years
Any felony that isn’t assigned a longer limitation period under Texas law falls into a three-year default window.3State of Texas. Texas Code of Criminal Procedure Article 12.01 – Felonies This catches felony assault charges that don’t fit the categories below, such as assault against a public servant or continuous violence against the family when charged as a third-degree felony.
Five Years
Two important categories of felony assault carry a five-year prosecution window:3State of Texas. Texas Code of Criminal Procedure Article 12.01 – Felonies
- Aggravated assault under Texas Penal Code Section 22.02, which covers assault causing serious bodily injury or assault with a deadly weapon.
- Felony family violence assault under Section 22.01, which typically becomes a felony when the defendant has prior family violence convictions.
Ten Years
Injury to a child, elderly person, or disabled person charged as a first-degree felony under Section 22.04 gives the state ten years to bring charges.3State of Texas. Texas Code of Criminal Procedure Article 12.01 – Felonies If the same offense is charged at a lower felony degree, the limitation period drops to five years.
When the Clock Starts
The limitation period begins on the date the assault allegedly occurred. Texas law excludes the day of the offense itself from the count, so the clock effectively starts the following day. If someone is assaulted on March 15, a two-year limitation period expires on March 15 two years later, not March 14.
For ongoing offenses like continuous family violence, the clock starts from the date of the most recent act in the alleged pattern, and prosecutors must still file within the applicable period measured from that last incident.
What Pauses the Clock
Two situations stop the limitation period from running and effectively give prosecutors extra time.
Any period the accused spends outside Texas does not count toward the deadline.4State of Texas. Texas Code of Criminal Procedure Art 12.05 – Absence From State and Time of Pendency of Indictment, Etc., Not Computed Someone charged with a misdemeanor assault on a two-year deadline who then spends six months living in Oklahoma gives the state those six months back. The clock pauses when the person leaves and resumes when they return. Moving away does not let the deadline expire behind you.
Time spent on a charge that gets dismissed is also excluded. If prosecutors file charges but a court later throws out the indictment or information as invalid, the span between filing and dismissal does not count against the limitation period.4State of Texas. Texas Code of Criminal Procedure Art 12.05 – Absence From State and Time of Pendency of Indictment, Etc., Not Computed Prosecutors can refile once the tolled time is added back, so a technical defect in the original charging document doesn’t burn through the deadline.
Civil Lawsuits Run on a Different Clock
These deadlines apply to criminal prosecution by the state. A victim pursuing a civil lawsuit for injuries from an assault faces a separate two-year deadline from the date of injury, and that civil clock is not paused by the defendant’s absence from Texas the way the criminal clock is. The criminal and civil deadlines run independently, so a victim can still sue for damages even if prosecutors never file charges, and the state can still prosecute even if no civil suit is brought.