Statute of Limitations Exceptions in Texas: What You Need to Know for Criminal Defense

In Texas law, statutes of limitations are key in criminal law and determine how much time the state has to file charges against you. Time limits vary by crime. Misdemeanors have shorter limits than more serious crimes like murder which have no limits at all. But the law isn’t always black and white. Texas has exceptions to the statute of limitations in cases involving DNA evidence, fraud, crimes against children and serious crimes like human trafficking and capital murder.

These exceptions are important because they can make a big difference in your defense and the whole legal process. If you’re facing charges or worried about being charged, you need to know if these exceptions apply to your case. In this post we’ll go into the exceptions to the statute of limitations in Texas for criminal cases and how they impact your options.

Have questions about your case or need help now? Contact The Law Office of Rolando Cantu, a trusted McAllen Criminal Defense Attorney.

• What are Statutes of Limitations?
  
• The Purpose of Statutes of Limitations
  
• Texas Criminal Law Statute of Limitations Exceptions
  
• 1. DNA Evidence Exception in Sexual Offenses
  
• 2. Fraud and Misapplication of Fiduciary Property
  
• 3. Crimes Against Children
  
• 4. Capital Murder and Human Trafficking
  
• Other Situations Where the Statute of Limitations May be Tolled
  
• 1. Defendant Out of State
  
• 2. Mental Incapacity of the Victim
  
• What If the Statute of Limitations Runs Out?
  
• Should You Call a Criminal Defense Attorney If You Think the Statute of Limitations Has Expired?
  
• In Summary

What are Statutes of Limitations?

Statutes of limitations are laws that set a time limit for taking legal action. These time limits are designed to be fair by requiring cases to be filed while evidence is still fresh and available. For criminal cases the time limit varies by crime. Once that time limit passes the state can no longer file charges unless there’s an exception. This rule is to protect people from being charged for events that happened years ago when evidence may be lost and memories have faded.

In Texas the statute of limitations varies by crime. For example:

• Misdemeanors: 2 years
  
• Felonies: 3-10 years depending on the crime
  
• Serious crimes (e.g. murder, DNA sexual assault, human trafficking): No limit
  



Now let’s get to the exceptions to these statutes of limitations and why they matter in criminal defense cases.

The Purpose of Statutes of Limitations

Statutes of limitations exist for a few key reasons:

1. Preserving Evidence: Over time physical evidence can deteriorate and witness memories can fade making it hard to build a case.
   
2. Protecting Defendants: It’s unfair to allow the threat of being charged to hang over someone’s head indefinitely. The statute of limitations gives some finality to the process.
   
3. Prompt Action: By setting deadlines the law encourages the prosecution to act quickly so justice can be served as soon as possible.
   

But some crimes are so serious or hard to prove that the state provides exceptions to these time limits and can file charges years later.

Texas Criminal Law Statute of Limitations Exceptions

In some criminal cases the statute of limitations is extended or in some cases eliminated altogether through these exceptions. These exceptions take into account unique circumstances like newly discovered evidence or crimes against vulnerable people where justice may take more time to serve.

1. DNA Evidence Exception in Sexual Offenses

One of the biggest exceptions to the statute of limitations in Texas is for sexual offenses where DNA evidence is involved. When DNA evidence is found that links a suspect to a crime the state can file charges at any time no matter how much time has passed since the crime was committed.

For example, imagine a case where DNA evidence wasn’t discovered until years after the assault. In those cases the clock basically resets and prosecutors can file charges. This exception acknowledges the advancements in science and makes sure offenders can be held accountable even if a lot of time has passed since the crime was committed.

Related: How long does “Sex Offender” stay on your record?

2. Fraud and Misapplication of Fiduciary Property

White collar crimes like fraud or embezzlement can take years to uncover because of the complexity of the financial schemes. In Texas the statute of limitations for these crimes doesn’t start until the crime is discovered or could have been discovered (discovery rule). The Discovery Rule gives more time for the intricate nature of the crime to be fully investigated.

For example if someone embezzled funds over a long period and the theft wasn’t discovered until later the statute of limitations would start from the time of discovery not when the fraud was committed. This exception prevents offenders from avoiding legal consequences just because the crime was hidden for a long time.

3. Crimes Against Children

Texas takes crimes against children very seriously which is why there are special exceptions for crimes against minors. If the victim of a crime is under 17 years old the statute of limitations doesn’t start until the victim turns 18.


For example in a case of child abuse the state has more time to file charges because the statute of limitations doesn’t start until the victim is an adult. This extension is important because many child victims don’t come forward until they are adults.

In some cases involving minors—like capital murder, continuous sexual abuse of a young child or aggravated kidnapping—there is no statute of limitations at all so the state can file charges at any time no matter how much time has passed.

4. Capital Murder and Human Trafficking

The most serious crimes like capital murder and human trafficking are so bad that Texas imposes no statute of limitations on them. So even decades after the crime was committed the state can file charges.

Capital murder includes premeditated killings or murders committed under extreme circumstances like the murder of a police officer or firefighter in the line of duty. Human trafficking especially when it involves minors is another crime with no statute of limitations. These exceptions acknowledge Texas’s ability to prosecute the most serious crimes with no time limits.

Related: Is Identity Theft a Felony?

Other Situations Where the Statute of Limitations May be Tolled

While the above exceptions cover the most common criminal cases there are other situations where the statute of limitations may be tolled (paused) or extended under certain circumstances.

1. Defendant Out of State

If the defendant leaves Texas after committing a crime the statute of limitations can be tolled until they return to the state. This prevents individuals from avoiding prosecution by crossing state lines. In these cases the time they were out of state is not counted towards the statute of limitations.

2. Mental Incapacity of the Victim

In some cases if the victim is mentally incapacitated at the time of the crime the statute of limitations is tolled until the victim is mentally capable. This gives more time to pursue legal action in cases where the victim can’t seek justice because of their mental state.

What If the Statute of Limitations Runs Out?

If the statute of limitations has expired the state can’t prosecute the crime. This means the charges will be dismissed or can’t be filed at all.
But as we’ve seen the exceptions to the statute of limitations can extend the time to file charges sometimes indefinitely. So it’s important to consult with a criminal defense attorney who can review your case and see if any of these exceptions apply.

Should You Call a Criminal Defense Attorney If You Think the Statute of Limitations Has Expired?

Even if you think the statute of limitations has run out in your case you should still call. A criminal defense attorney can review your case and find any exceptions or mitigating circumstances that may apply. In some cases the statute of limitations may not have started yet or one of the exceptions may extend your time to act.

At The Law Office of Rolando Cantu we understand the Texas laws and how the statute of limitations applies to criminal cases. We can determine if any of the exceptions apply to your case and help you defend yourself. If you’re facing criminal charges in McAllen or anywhere in Texas, call us today.

In Summary

The statute of limitations is an important part of the criminal justice system designed to prevent unfair prosecution years after the crime was committed. But as we’ve seen there are several exceptions to the statute of limitations in Texas that can extend or eliminate the time to file charges. These exceptions can make all the difference in your case especially for serious crimes like murder, sexual assault and crimes against children. The statute of limitations in Texas can be confusing especially with exceptions involved. Knowing how it applies to your situation is key to your defense.



If you or someone you know is facing criminal charges or if you think you might be charged it’s time to act fast. Call The Law Office of Rolando Cantu today to get legal advice and protect your rights.

Schedule a consultation today to find out how we can help you navigate the Texas statute of limitations and your defense.