Texas Code of Criminal Procedure 12.02 – Misdemeanors
Current as of: 2024 | Check for updates
|
Other versions
(a) Except as provided by Subsection (b), the following charging instruments may be presented within two years from the date of the commission of the offense, and not afterward:
(1) an indictment or information for any Class A or Class B misdemeanor; and
(2) a complaint or information for any Class C misdemeanor.
(b) An indictment, information, or complaint, as applicable, for assault under § 22.01, Penal Code, may be presented within three years from the date of the commission of the offense, and not afterward, if the offense:
(1) is punishable as a misdemeanor; and
(2) was committed against a person whose relationship to or association with the defendant is described by § 71.0021(b), 71.003, or 71.005, Family Code.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Class B misdemeanor | up to 180 days | up to $2,000 |
Class C misdemeanor | up to $500 |
Terms Used In Texas Code of Criminal Procedure 12.02
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005