Navigating the complexities of the Texas criminal justice system requires a clear understanding of the timelines governing prosecution. For individuals involved in Assault Family Violence cases stemming from incidents filed under current law, recent legislative changes have significantly shaped the legal landscape.
At Beltz Law Group, we believe in keeping our clients informed about how shifts in the Texas Code of Criminal Procedure affect their rights. Here is a breakdown of the current statute of limitations for family violence offenses in Texas.
The Governing Framework
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The statute of limitations—the window of time the state has to file formal charges—is primarily dictated by Articles 12.01 (felonies) and 12.02 (misdemeanors) of the Texas Code of Criminal Procedure.
For incidents occurring in April 2024, the law is governed by the 88th Legislature’s H.B. 467. While the 89th Legislature passed further amendments in 2025, those changes are non-retroactive, meaning the rules established in 2023 remain the standard for April 2024 cases.
1. Misdemeanor Assault Family Violence: Three Years
Standard Class A and B misdemeanors in Texas typically have a two-year statute of limitations. However, the Legislature recognized the unique hurdles in domestic cases—such as delayed reporting or fear of retaliation.
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The Rule: Under Article 12.02(b), the state has three years to present a charging instrument for misdemeanor assault involving a family member, household member, or dating partner.
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Deadline: For an April 2024 incident, the state generally has until April 2027 to file charges.
2. Felony Assault Family Violence: Five Years
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Assault charges can be elevated to a felony if the defendant has a prior conviction for family violence or if the assault involved strangulation.
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The Rule: Per Article 12.01(4)(G), felony-level family violence carries a five-year statute of limitations.
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Deadline: For an April 2024 incident, the state generally has until April 2029 to file charges.
3. Aggravated Assault: Five Years
In the past, there was legal ambiguity regarding aggravated assault when the underlying offense was a misdemeanor. This was famously highlighted in the case of State v. Schunior (2016), which resulted in a shorter two-year window in certain scenarios.
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The Legislative Fix: H.B. 467 explicitly placed Aggravated Assault into the five-year category under Article 12.01(4)(I). This ensures that serious acts of violence are not barred by the shorter misdemeanor clocks.
4. Continuous Violence Against the Family: Five Years
This charge applies when a person commits two or more assaultive acts against a family or household member within a 12-month period.
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The Rule: Under Article 12.01(4)(H), this third-degree felony carries a five-year limitations period, starting from the date of the most recent alleged act.
Why the 2025 Amendments Don’t Apply to Your 2024 Case
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It is common for defendants to hear about “new laws” and wonder if their case is affected. The 89th Texas Legislature (2025) did update Articles 12.01 and 12.02, but they included a strict non-retroactivity clause.
“Offenses in which any element of the offense was committed before Sept. 17, 2025, are governed by the former law in effect at that time.”
Because an April 2024 offense occurred well before this cutoff, the “former law” (the H.B. 467 version) is the only one that matters.
Constitutional Protections Against Retroactivity
Texas courts, including the Court of Criminal Appeals in Vasquez v. State, have established a firm constitutional boundary: The State cannot “revive” a case once the statute of limitations has already expired. While the Legislature can extend a deadline that is currently running, they cannot create a new law to prosecute someone for an offense that was already legally “dead” (time-barred) before the new law took effect. Since the 2023 extensions were already active when April 2024 incidents occurred, those longer periods (3 and 5 years) are fully enforceable.
Summary Table: April 2024 Offenses
| Offense Type | Classification | Limitations Period |
| Misdemeanor Family Violence | Class A Misdemeanor | 3 Years |
| Felony Family Violence | 3rd Degree Felony (or higher) | 5 Years |
| Aggravated Assault | 2nd or 1st Degree Felony | 5 Years |
| Continuous Family Violence | 3rd Degree Felony | 5 Years |
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Seeking Legal Counsel
Statutes of limitation are a vital defense, but they are also subject to “tolling”—meaning the clock can stop under certain circumstances (such as if a person leaves the state or if a prior indictment was filed).
If you are facing charges or have concerns regarding an incident from April 2024, the Beltz Law Group is here to provide the expert guidance you need. Understanding these timelines is the first step in building a robust defense.
