What is the limitations period for a misdemeanor?
An indictment or information for any misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward. An information is considered “presented” when it has been filed by the proper officer in the proper court. This means that presentment of an information may be accomplished by the prosecuting attorney delivering the information to the clerk’s office. An attempt to present an information or indictment outside of this time period in misdemeanor cases is a defense to prosecution that must be asserted at or before the guilt/innocence stage of trial. Before trial, a defendant may assert the statute of limitations defense by filing a motion to dismiss under ART. 27.08(2) of the Texas Code of Criminal Procedure.
