Legal Question in Criminal Law in Texas

I was arrested for assault family violence. While incarcerated the statue of limitations expired. Ten months later the DA picked up the expired assault family violence and enhanced it to a misdemeanor. Is this legal due to the ten months of the misdemeanor expiring and the filing of the enhancement.


Asked on 8/14/16, 8:23 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

The statute of limitations is tolled while there are charges pending so it could not have expired while you were incarcerated, charged with the offense. And one does not enhance to a misdemeanor. With an AFV case, it can be enhanced to a felony (which would have a significantly longer statute of limitations.) This can be done by alleging a prior AFV case or alleging impeding breath.

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Answered on 8/22/16, 11:58 am


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