Under Texas Code of Criminal Procedure Article 12.02, an indictment, information, or complaint for any misdemeanor—Class A, B, or C—must be presented within two years from the date the offense was committed. This includes first- and second-offense DWI, simple assault, theft under $750, marijuana possession in misdemeanor amounts, and most traffic-related crimes.

Article 12.01(7) sets a three-year default for any felony not specifically listed elsewhere in Chapter 12. That covers felony drug possession and delivery, felony evading arrest, most felony assault, and many other offenses. Specific felonies carry longer limitation periods—5, 7, 10, or 20 years—and some, including murder, have no statute of limitations at all.

Article 12.01(1) identifies offenses that can be charged at any time, including murder and manslaughter, leaving the scene of an accident resulting in death, continuous sexual abuse of a child, aggravated sexual assault of a child, and sexual assault where DNA evidence fails to match the victim or any other identified person. For these offenses, the passage of time alone will not bar prosecution.

Yes. Under Article 12.05, any time the accused is absent from Texas is generally not counted toward the limitations period. So a three-year felony clock can effectively be longer if the accused spent time out of state. An indictment or information filed before the deadline also tolls the clock — even if the trial occurs years later.

For several serious offenses committed against victims under 17, Article 12.01(5) provides that the 20-year clock begins on the victim's 18th birthday, not the date of the offense. For the most serious child-victim offenses (aggravated sexual assault of a child, continuous sexual abuse), there is no statute of limitations at all. An attorney should review the specific statute that applies to the charge you're facing.

If the State files charges after the applicable period has run and no tolling rule applies, a properly preserved motion to dismiss under Article 27.08(2) can bar prosecution. But the defense must be raised — failing to raise it generally waives it. Whether the deadline applies to your specific charge, the actual date of accrual, and whether tolling applies are fact-intensive questions. Barton & Associates' San Antonio criminal defense team regularly analyzes limitations issues in Bexar County, Travis County, Nueces County, and courts across Texas.