Q: My ex-husband broke my back in October of 2015. At the time all, I wanted to do was hide, heal, and be safe.
I did not prosecute because I knew if I saw him I would crumble. I'm now strong and want to hold him accountable. I know he will do this to another woman. I don't want another woman to be hurt. Can I still press charges? If not what can I do? This occurred in Lucas Texas, Collin County court. I appreciate your advice. Thank you.
A: You may contact the police department in the city where the events occurred and file an incident report. The detective assigned to the case will determine if criminal charges will be filed. Good luck
A:
You can report a crime, but you can not prosecute it. Only the state prosecutes, and they can choose whether or not they take any action on your report. The more time that passes, the less likely they are to prosecute.
If the injury caused protracted loss or impairment of the function of any bodily member or organ then charges could potentially be brought until October 2018... depending on how the court reads 12.03 of the Texas Code of Criminal Procedure. Otherwise, the limitations period expired in October 2017, so prosecution is now barred by statute.
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