Asked 8/15/2016 – New Braunfels, TX

I had an assault family violence misdemeanor. The statute of limitations ran out. Then, after the statute of limitations ran out. The DA enhanced it to a felony. Please keep in mind that the statute of limitations ran out in April of 2015. And the DA did not pursue the enhancement until February 2016.
I was just wondering if this was legal on count of the time frame from the expiration in 2015 and it being pursued.
Thank you.

Answer

You do not state the date of the offense, but if the indictment date of the felony charge is within the felony statute of limitations, then the State is allowed to proceed, even though without the enhancement, the case would have been a misdemeanor and barred by a 2 year statute of limitations.