Being accused of assault in Texas is serious business. Assault cases are always complex affairs; facts get muddy, emotions run high, and it can be difficult to separate what really happened from the versions of events presented by those involved. In an effort to curb this confusion and help ensure that assault convictions are made based on a solid body of evidence and facts, the law provides a certain time frame during which legal action can be taken, called a statute of limitations.
Statutes of limitations in Texas vary depending on the severity of criminal offense — so what is the assault statute of limitations in Texas?
The assault statute of limitations in Texas varies based on the type of assault charge but generally ranges from two to three years after the date of the alleged assault.
Continue reading to find out more about the statute of limitations on assault, or call Thiessen Law Firm today at (713) 864-9000 for a winning assault defense.
What is the assault law in Texas?
The assault laws in Texas can be found in Texas Penal Code § 22, which categorizes assault into a few different forms, all with varying levels of severity. In general, to be charged with assault in Texas you must:
- Intentionally or knowingly threaten another person with imminent bodily injury
- Intentionally, knowingly, or recklessly cause bodily injury to another person
- Intentionally or knowingly cause physical contact with another person when you know or should reasonably believe that the person will regard the contact as offensive or provocative
These offenses themselves all carry distinct penalties and can be further broken down based on the circumstances of the crime. Assault charges are complex; they can be simple or aggravated, misdemeanors or felonies — you can even be charged with assault if you never lay a finger on someone.
What is the difference between assault and aggravated assault?
While there is a lot of nuance dividing assault and aggravated assault in Texas, the biggest difference between the two is the severity of injuries and the use of deadly weapons.
- Severe or long-term injuries can include anything as simple as a scar all the way to loss of motor functions. Injuries and their severity are often measured in assault cases based on how much they will affect the victim’s life moving forward.
- Deadly weapons can also immediately make assaults aggravated. There are a couple of things to note about deadly weapons in Texas:
- It doesn’t even matter if you use a deadly weapon. The presence of a weapon can be enough to aggravate assault charges.
- Almost anything can be a deadly weapon in Texas. According to the statutory language, as long as an object can be used as a weapon, it is a weapon in assault crimes.
Assault crimes can also be upgraded to aggravated assaults if they are committed against certain protected classes, like the elderly or disabled. The other major difference between assault and aggravated assault in Texas is that aggravated assault is always a felony charge.
Continue reading about the difference between assault vs aggravated assault
How long after an assault can you press charges in Texas?
After a statute of limitations has expired, the state can no longer pursue criminal charges for a crime. Like we said, this is pretty important for assault cases, in which evidence tends to deteriorate and emotions run very high. So, how long is the statute of limitations for assault in Texas? It depends on the severity of the assault charge.
It stands to reason that the statute of limitations for a first-time assault charge in Texas or a charge for simple assault in Texas would be shorter than that for a felony assault in the Lone Star State, but all assault charges that have statutes of limitations range from two to three years.
Statute of limitations: Texas simple assault
Because simple assault is the least severe assault crime in Texas, it will also have the shortest statute of limitations. The statute of limitations for simple assault in Texas is two years from the date of the alleged assault.
Statute of limitations: Texas assault with bodily injury
Because assault body injury is a more complex offense, with penalties that vary based on the severity of the circumstances, the statute of limitations is also variable.
For misdemeanor assault causing bodily injury, the statute of limitations is two years from the date of the alleged assault, but for felony assault bodily injury, the statute of limitations can be extended to three years.
Statute of limitations: Texas assault family violence
Similar to assault causing bodily injury, the statute of limitations on assault on a family member varies depending on the severity of the offense.
For misdemeanor assault family violence, the statute of limitations is generally two years, but for felony assault family violence — which generally occurs if the defendant has prior convictions, or is charged with continuous violence against the family — the statute of limitations can be three years or longer.
Statute of limitations: Texas aggravated assault
Aggravated assault is more of an umbrella term than the previous assault charges we’ve discussed, but because aggravated assault is always a felony, the statute of limitations is always at least three years from the date of the alleged assault.
If there are aggravating factors like deadly weapons, or if the victim was part of a protected class, the statute of limitations can be extended to five years or longer.
Statute of limitations: Texas assault with a deadly weapon
Charges for Texas assault with a deadly weapon generally have a statute of limitations of five years from the date of the alleged assault, but these can always be extended depending on the circumstances of the crime.
You should also keep in mind that there are a number of crimes for which Texas has no statute of limitations. These crimes are usually considered to be the most serious offenses a person can commit, and are worth a serious expenditure of resources to secure a conviction by the state to make sure that the offenders do not walk free.
What is the statute of limitations on harassment in Texas?
Harassment in Texas, while a distinct crime from that of assault, has similar penalties and statutes of limitations to simple assault in Texas.
The statute of limitations for harassment in Texas is two years from the date of the alleged harassment.
What crimes have no statute of limitations in Texas?
Crimes lacking a statute of limitations are crimes for which you can be charged at any point, no matter how much time has passed since the offense was allegedly committed.
Some crimes that have no statute of limitations in Texas include:
- Murder
- Manslaughter
- Indecency with a child
- Continuous sexual abuse
- Aggravated sexual assault
- Human trafficking
Although these crimes rarely intersect with assault crimes, cases for aggravated assault can turn into cases for manslaughter quickly after a particularly bad fight. No matter what you or a loved one has been accused of, a quality Houston criminal attorney in your corner is the only way to make sure you receive a fair day in court.
Exceptions to statute of limitations Texas
There are a handful of relatively rare situations in which the assault statute of limitations in Texas may be extended. These situations include:
- If the accused is found to be absent from the state, the statute of limitations may be paused until they return.
- If new DNA evidence is discovered that can link the accused to the crime, the statute of limitations for certain offenses may be extended to allow for use of that evidence.
- If the victim was younger than 17 years old at the time of the offense (in cases of sexual or violent crimes), the statute of limitations may be paused so that it does not begin diminishing until they reach adulthood.
These exceptions are in place to make sure that justice can be pursued under special circumstances when there are abnormal delays in suspect identification during the beginning of a criminal case — but statutes of limitations are in place to help ensure that defendants are not convicted of crimes which they did not commit.
Wondering how to beat an assault charge in Texas? Thiessen Law Firm can help.
Texas generally brings cases against those accused of assault before the statute of limitations can expire — which means although the assault statute of limitations in Texas is in place to protect your rights, it generally won’t help you if you’ve been charged with assault.
The only thing that you can do to protect your rights is to hire an experienced assault attorney to defend you. No matter how innocent you believe you are, a skilled attorney is likely the only one who can help you prove you’re not guilty.
Call the aggravated assault lawyers at Thiessen Law Firm today at (713) 864-9000 or contact us online to defend your freedom.
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