Mansfield, TX asked in Criminal Law and Domestic Violence for Texas

Q: What is the Statute of limitations for assault bodily injury family violence charged by the state of texas?

I'm coming up on the 2 year mark of when the state charged me with family violence. They also charged my boyfriend with the same thing at the time. At the time I was arrested for it I was also on bail for a drug charge which I am now doing probation for and have almost successfully completed. I am wondering how to know if the charges for the family violence will be dropped when I hit the 2 year mark of the date I was arrested for it. Isn't there a statute of limitations for the state to actually follow through with the charges? Or do I have to continue not knowing what is going to become of this charge?

3 Lawyer Answers

A: If there are formal charges filed in your Assault case, then the statute of limitations is "tolled" (i.e. the clock is stopped). Thus the State can still prosecute the case even if more than two years have passed since the alleged offense date.

That being said, unreasonable delay in getting you to trial can potentially result in a court dismissing your case if it finds that your constitutional right to a speedy trial has been violated.

You should consult with a local defense attorney. The effects of a conviction, or even a plea agreement, involving a family violence charge can have severe lifelong consequences, and an internet forum isn't the place to provide the details necessary for a complete evaluation of your case.

Kiele Linroth Pace agrees with this answer

A: The Statute of Limitations for misdemeanor Assault/Family Violence is 2 years. The charging instrument must be filed with the Court within 2 years from the date of the offense.

Kiele Linroth Pace agrees with this answer

A: I agree with the other attorneys. The two-year clock stops ticking when formal charges are filed. The most common charging document for a class A misdemeanor is called an "Information" but sometimes it is called an "Indictment."

This question can easily be answered by the criminal defense attorney representing you in the matter. If you want to do it yourself, you can check the court clerk's file for this case to determine if it contains an Information or Indictment and also the exact date one which it was filed. The court's clerk's file is public so you have access to it by visiting the clerk's office.

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