Too old to go to court?

A lot of people wonder how old does a case have to be before it's too old to go to court or if that concept even exists. Well, it does, but it depends. First of all, this concept of a case being "too old" is known as the statute of limitations. All court cases, both civil and criminal, must comply with this statute. This means the case simply must be filed, not disposed of, before the statute runs. Meaning it has to begin, not end, before that time period.  Most criminal cases are filed within a matter of months of the alleged incident, so this is rarely ever an issue.


Here is a fun example. Four years ago Joe Bob is speeding down the highway with drugs in his car. He gets pulled over for speeding and when asked why he is going so fast he says because he just killed a man after stealing the man's drugs and he needs to get away. He never says another word. No case is ever filed. All of the offenses are past the limitations period except of course, the supposed murder. If one of the other cases are filed, then his defense attorney will probably raise the issue in a pre-trial motion to dismiss.

Picture the same scenario, except all the cases are filed six months later. Joe Bob flees the country for four years. Here the cases were filed timely, so the statute will not run, and when Joe Bob comes back, prosecution will continue as if he never left.

In case you are wondering, here is a basic list of the Statute of Limitations for most offenses in Texas. If the one in particular you are concerned about is not listed, you would probably best be served by checking the Texas Code of Criminal Procedure or better yet, by contacting your favorite criminal defense attorney.

Class C Misdemeanors - Two Years

Traffic tickets and other similar fine only offenses are usually Class C Misdemeanors. The complaint must be filed within two years of the alleged offense.

Class A & B Misdemeanors - Two Years

All Misdemeanor offenses including DWI, marijuana possession, assault family violence, and etc. The complaint and information must be filed within two years of the alleged offense.

Felonies - Three Years

All other felonies, except for those listed below have a three year statute of limitations. This includes most felony drug offenses.

Felonies - Five Years

Felony theft, burglary, robbery, insurance fraud, kidnapping, abandoning or endangering a child, and injury to a child, elderly individual, or disabled individual that is not punishable as a first degree felony. (See below.)

Felonies - Seven Years

Certain Texas Tax Code violations, misapplication of fiduciary property or property of a financial institution, and securing execution of document by deception all have seven year limitations.

Felonies - Ten Years

Arson, forgery, theft of any estate by an executor/administrator, theft of government property by a public servant, and injury to a child, elderly individual, or disabled individual when punishable as a first degree felony under Section 22.04 of the Penal Code. Sexual assault is limited at ten years, unless there is DNA evidence or if the victim is under 18. (See below.)

Felonies - Ten Years From the 18th Birthday of the victim

These crimes involve victims under the age of 18, so they don't even begin to run until the victim turns 18. Specifically, indecency with a child, sexual assault under Section 22.011(a)(2) of the Penal Code, or aggravated sexual assault under Section 22.021(a)(1)(B) of the Penal Code.

Felonies - No Statute of Limitation

These offenses are considered to be so heinous, that it is never too late to prosecute. Specifically murder/manslaugther, sexual assault with DNA evidence, and leaving the scene of an accident that results in death.