| 730 days, or two years, is the statute of limitations for a misdemeanor assault (or any misdemeanor for that matter) not for aggravated assault which is a felony.
The statute of limitations for Aggravated Assault in Texas is three years. The indictment must be filed by this time period or prosecution is time barred, unless the statute of limitations was tolled based on some other prosecution, the defendant being a fugitive, etc...
There is also another time limitation on indictments that only applies when the defendant is in jail. The State has to indict within three months or else the Defendant must be released on a personal recognizance bond. This does not bar the State from still proceeding with the indictment later however.
The final limitation is the right to a "speedy indictment" which is derived from the Sixth Amendment right to a speedy trial. A speedy trial/indictment violation is dealt with on a case by case basis in Texas. The court must look to the harm caused and the restrictions of liberties done to the accused because of the delay, as well as the diligence on the State in seeking indictment. | 
06-29-2009, 09:20 PM
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