Criminal Law in Texas
This page covers criminal law as it applies in Texas — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what criminal protects generally, see the national overview.
Compiled from primary legal sourcesNot legal adviceHow we source this
Quick answer
In Texas, criminal law covers everything from minor traffic offenses to capital murder, governed by the Texas Penal Code and the Texas Code of Criminal Procedure. If you are arrested or under investigation, you have the right to remain silent and the right to a lawyer — anything you say can be used against you in court. If you cannot afford a lawyer and face charges above a fine-only offense, the court must appoint one at no cost. Time limits for the government to file charges can be as short as two years for misdemeanors, so if you are facing a criminal matter, seek legal guidance quickly.
Laws that govern criminal in Texas
Texas state law
- Texas Penal CodeTex. Penal Code § 1.01 et seq.
Defines all criminal offenses in Texas — from Class C misdemeanors to capital felonies — and sets the punishment range for each classification.
- Texas Code of Criminal ProcedureTex. Code Crim. Proc. art. 1.01 et seq.
Governs every stage of a criminal case in Texas, including arrest, bail, defendants' rights, trial procedures, sentencing, and appeals.
- Texas Code of Criminal Procedure — Limitation (Chapter 12)Tex. Code Crim. Proc. arts. 12.01–12.03
Sets the time limits within which the government must bring criminal charges in Texas, with periods varying by offense type.
- Texas Code of Criminal Procedure — Right to Counsel (Article 1.051)Tex. Code Crim. Proc. art. 1.051
Guarantees every criminal defendant the right to be represented by counsel and requires courts to appoint an attorney for indigent defendants who cannot afford one.
Texas-specific deadlines for criminal cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- Time limit to prosecute most felonies: 3 years
This is the default period for felonies not covered by a longer specific limit; certain felonies such as theft, robbery, and burglary carry a 5-year limit under the same article.
Tex. Code Crim. Proc. art. 12.01
- Time limit to prosecute Class A or Class B misdemeanors: 2 years
Misdemeanor domestic-violence assaults involving a family or household relationship carry a 3-year limit under Texas Code of Criminal Procedure Article 12.02(b).
Tex. Code Crim. Proc. art. 12.02(a)
- Deadline for defendant to file notice of appeal after conviction: 30 days
If the defendant timely files a motion for new trial, this deadline extends to 90 days from sentencing under Texas Rules of Appellate Procedure Rule 26.2(a)(2).
Tex. R. App. P. 26.2(a)(1)
- Deadline to file a motion for new trial in a criminal case: 30 days
The trial court must rule on the motion within 75 days of sentencing; if it does not, the motion is denied by operation of law under Texas Rules of Appellate Procedure Rule 21.8.
Tex. R. App. P. 21.4(a)
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for criminal in Texas.
Manages Texas state prisons, parole, and community supervision; contact for information about an incarcerated person's status or a parole matter.
Funds and oversees public defense programs across all 254 Texas counties; contact if you believe adequate court-appointed counsel is not being provided in your county.
Connects callers with licensed Texas criminal defense attorneys; first consultations of up to 30 minutes are available for no more than $20 (toll-free: 1-800-252-9690).
- Texas Law Helplegal aid
Free legal information and a statewide directory of legal aid organizations for low-income Texans, including guidance on finding free or reduced-cost criminal defense resources.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Texas
- 1
Exercise your right to remain silent
You are generally not required to answer police questions beyond identifying yourself. Politely but clearly tell officers you wish to remain silent until you have spoken with a lawyer.
- 2
Ask for a lawyer immediately
Request an attorney at arrest, during questioning, or at your first court appearance. Once you ask, questioning must stop until your lawyer is present.
- 3
Request a court-appointed lawyer if you cannot afford one
If charged with any offense above a Class C misdemeanor (a fine-only ticket) and you cannot pay for a lawyer, tell the court you are indigent; under Texas Code of Criminal Procedure Article 1.051, the court must appoint counsel at no cost to you.
- 4
Attend every court date
Missing a scheduled hearing can result in an arrest warrant, bond forfeiture, and additional charges; confirm all court dates with your attorney and keep written records.
- 5
Review the evidence against you with your lawyer
Your attorney can examine police reports, interview witnesses, and file motions to suppress evidence obtained through an unlawful search or an improper interrogation.
- 6
Understand your options for resolving the case
Most Texas criminal cases are resolved through a plea agreement, but you always have the right to a jury trial where the government must prove guilt beyond a reasonable doubt — the highest standard in law.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about criminal in Texas
What happens at my first court appearance in Texas?
At arraignment, a judge formally reads the charges, you enter a plea (usually not guilty at this stage), and bail may be set. This is the time to tell the court if you need a lawyer appointed. Texas law requires the court to appoint counsel within one working day in counties of 250,000 or more, or three working days in smaller counties.
What is the difference between a felony and a misdemeanor in Texas?
Misdemeanors are less serious offenses punishable by fines and up to one year in county jail — for example, a Class A misdemeanor carries up to a $4,000 fine and up to one year. Felonies are more serious and carry state prison sentences: from 180 days for a state jail felony up to life or death for a capital felony, plus fines up to $10,000.
Am I entitled to a free lawyer if I cannot afford one?
Yes. Under Texas Code of Criminal Procedure Article 1.051, if you cannot afford a lawyer and are charged with any offense above a Class C misdemeanor, the court must appoint an attorney for you. You will need to demonstrate financial need, and representation may come from a public defender's office or a court-appointed private attorney.
What does 'beyond a reasonable doubt' mean?
It is the highest standard of proof in law. The government must present evidence that leaves no significant doubt in a reasonable person's mind about your guilt. If the jury has any reasonable doubt, they must vote not guilty. You do not have to prove your own innocence.
Can evidence obtained by police be thrown out of my case?
Yes, in some situations. If law enforcement conducted an unlawful search or seizure in violation of the Fourth Amendment to the United States Constitution, or questioned you in custody without first giving Miranda warnings, your lawyer can ask the court to suppress that evidence so it cannot be used at trial.
What is deferred adjudication in Texas?
Deferred adjudication is a form of community supervision (probation) where a judge withholds a formal conviction while you complete probation terms. If you finish successfully, the charge is dismissed. However, the arrest and deferred adjudication remain on your criminal record and can appear in background checks, and some offenses are not eligible for this option.
How long does the government have to charge me with a crime in Texas?
It depends on the offense. Under Texas Code of Criminal Procedure Article 12.01, murder and manslaughter have no time limit at all. Most other felonies must be charged within 3 years; some, like theft and burglary, carry a 5-year window. Under Article 12.02, Class A and Class B misdemeanors must be charged within 2 years of the date of the offense.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.