Law Office of Tim Powers
Several cases have come into the office recently in which the statute of
limitations (SOL) was a big question for the client. An expunction case,
for instance, might not be ripe for filing until the SOL has expired.
Potential clients often ask why the prosecutors took so long to indict
them and whether the delay can help their defense.
In general, the limitations period is the time within which the government
may file criminal charges against a person. The SOL for felonies is different
than that for misdemeanors. Furthermore, there are circumstances when
the limitations period is not running . . . like when the accused person
is absent from the state . . . or after a person is indicted and the indictment
is pending. In Texas, the statute of limitations is governed by Article 12.01
et seq. of the Texas Code of Criminal Procedure. Following are some examples of
limitations periods for common criminal charges in Texas.
There are no statutes of limitation for murder, manslaughter, and certain
sexual crimes involving children. The limitations period is ten (10) years
for certain theft cases involving real estate, theft by a public servant,
forgery, injury to elderly or disabled persons, and sexual assaults not
For misapplication of fiduciary property, securing the execution of government
documents by fraud, and identity theft the SOL is seven (7) years. For
other theft charges, robbery, kidnapping, and burglary the limitations
period is five (5) years. For all other felonies the SOL is three (3)
years and for any misdemeanor the limitations period is two (2) years.
Finally, the day on which the offense was committed and the day on which
an indictment or information was presented is excluded from the computation of time.
If you are seeking aggressive criminal representation by an experienced
criminal defense attorney for your Denton County criminal case or arrest
in Denton County, contact the offices of Tim Powers today. There is no
charge or obligation for the initial consultation. 940.580.2899.
*Tim Powers is an attorney licensed to practice law by the Supreme Court
of Texas. Nothing in this article is intended to be legal advice. For
legal advice about any specific legal question you should directly consult