Seguin, TX asked in Criminal Law and Federal Crimes for Texas

Q: Under what circumstances can a state charge of aggravated assault be raised to a federal charge

Was told if the statue of limitations have run out with no charges filed..(3 yrs in tx) that the prosecutor could end up trying to make it a federal charge since the statue of limitations has run out for a state charge.

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: You might not want to tell the prosecutors yet, but the limitations period on aggravated assault and aggravated perjury is only TWO years. See article 12.03(d) of the Texas Code of Criminal Procedure. I'm not aware of any federal assault statute, but they might have jurisdiction if the alleged victim was a federal agent or the defendant crossed state lines to commit the crime.

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