A statute of limitations is the amount of time within which legal action can be taken against another party, in both civil and criminal cases. Typically, this timeframe begins on the day a crime is committed or someone is injured due to the negligent actions of another party. As such, you may wonder if you can be charged after the statute of limitations has elapsed. The following blog explores what you should know about this important legal matter, including the importance of working with Houston criminal defense attorneys to assist you in the fight for justice.
What Is a Statute of Limitations?
The statute of limitations, in criminal law, is the amount of time during which the government can charge you with a criminal offense. For example, if you steal a car, the government has a set amount of time to gather enough evidence to warrant your arrest. However, if they fail to do so before the statute of limitations expires, they cannot charge you with a crime.
The primary purpose of this statute is to ensure that those accused of criminal offenses have the ability to defend themselves promptly in a court of law while protecting them from the degradation of evidence that can assist them in proving their innocence. For example, witnesses may pass away, and physical evidence may become lost or compromised over the years. As such, imposing this statute requires the state to promptly investigate these claims.
Do All Crimes Have a Statute?
The vast majority of criminal offenses have a statute of limitations, though there are some crimes that do not. In Texas, you’ll find that the statute of limitations is generally as follows:
- Two years: Most misdemeanors
- Three years: Misdemeanor assault against family members
- Five years: Most felony larceny offences, fraud, intra-family assault, and aggravated assault
- Seven years: Financial fraud, identity theft, possession of child pornography
- Ten years: Human trafficking (twenty years for the trafficking of a child), child endangerment, arson, forgery
It’s imperative to understand that if the victim of a criminal offense is a child, the statute of limitations will begin on their 18th birthday. For example, the 20-year statute of limitations for the human trafficking of a child will begin on the day the victim turns 18.
Finally, you should note that some criminal offenses do not have a statute of limitations due to their heinous nature. This includes murder, manslaughter, rape, and sex crimes involving children. This is because it’s believed that these offenses should be investigated and pursued regardless of how much time has passed due to the nature of these offenses.
If you are facing criminal charges but have reason to believe the statute of limitations for the prosecution to charge you has elapsed, it’s in your best interest to connect with an experienced attorney to explore your legal options. At the Gonzalez Law Group, we understand how complicated this process can be, which is why we will do everything in our power to help you recover the justice you deserve. Contact us today to learn how we can fight for you.