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  1. #1

    Question Statute of Limitation for Criminal Mischief

    My question involves criminal law for the state of: Texas
    Hi, These are the facts I am hoping to get an answer to. And thank you in advance!
    In Nov. 2006 My EX fiancee and I had a horrific argument over an alleged affair (him). Alcohol was involved. I no longer drink-that night was my last night of ever drinking alcohol. Anyway, he left our apartment implying he was going to "her" home to sleep with her. I am a very passive person, but I lost it. I had financially taken care of this sociopath for 5 years. I am ashamed to say, I took out scissors and cut up almost all of the clothes I had purchased for him-over a thousand dollars worth(guessing-no receipts and I'm not sure how the police came up with that number). I took them and his laptop and threw them over the ledge of the patio. Enter the ex fiancee. 6'4 bad temper-he beat me so badly for almost 2 hrs. I believed that he was going to kill me. Long story short-he went outside to retrieve his things and I called 911. The police came, made a report but talked me out of pressing charges because they explained that LEGALLY I would be charged with a felony for criminal mischief and he would be charged with battery-misdemeanor. Neither of us pressed charges. At the time, I did not know that choking someone, in some states carries a higher penalty. So, 2 questions. In the state of Texas what are the laws on choking/strangulation and statute of limitations on filing criminal charges (and does it matter that I did not mention that?) 2nd question... How long does he have to file charges against me for criminal mischief?
    Thank you so much!

  2. #2
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    Default Re: Statute of Limitation for Criminal Mischief

    If you try to file charges against somebody after more than two years, raising new allegations you couldn't be bothered to make in a contemporaneous police report, you should not expect anybody to take the new allegations very seriously. For misdemeanors, Texas has a two year statute of limitations. For felonies, the usual limitations period is three years, although for more serious crimes it can be substantially longer. If you wish to look up any specific criminal charges, here's the Texas Code.

    If your fantasy is now hoping that you can have him charged with assaulting you, but that it will be too late for you to be charged with anything, you shouldn't expect that either the police or prosecutor will want to play that game. After two years, your having explicitly chosen not to prosecute at the time of the offense, they're unlikely to have any interest in reopening the case.

  3. #3

    Default Re: Statute of Limitation for Criminal Mischief

    Thank you for replying. As most people know when someone is extremely drunk, they do not remember every detail of what happened the day/night that they had been drinking-UNTIL the next day or couple of days,this is a fact. I may have taken your answer the wrong way. If I have please forgive me for the tone of this reply. Just as no bruises were on my me yet, (which is normal-I took pictures hours after for evidence at the hospital)when the police arrived, I did not remember-nor was asked every detail of what happened. I do remember that I was treated badly by the officers. I have had therapy since and as a domestic abuse survivor, it is a sad fact that responding officers treat the woman badly especially if drinking has been involved. It sounds to me this is your type of personality and you may even be a criminal defense atty. There are wonderful defense atty.'s out there-don't get me wrong! You may not be an atty at all because you didn't even answer my question.

    I am sure you do not need a lecture on domestic abuse , but the word you used "fantasy" when referring to my question "will I be charged as well" was very cold, presumptious or just not well thought out. I respect the judicial system and I would be more than willing to go through that if what he did is more than a misdemeanor, which was the question. I can look up Texas state laws on my own. But thank you.

  4. #4

    Default Re: Statute of Limitation for Criminal Mischief

    To be specific again on the question I needed answered and once again I do apologize if I took your comments the wrong way.

    In the state of Texas what are the laws on choking/strangulation and statute of limitations on filing criminal charges

    Law on STRANGULATION in TX not Assault...in other words is there a specific law for domestic strangulation? There is example, in FL

  5. #5
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    Default Re: Statute of Limitation for Criminal Mischief

    You can research theoretical charges as easily as anybody else can - use the link, above, to the Texas Code.

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