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This page describes the penalties for committing crimes in the State of Texas, and describes some common issues that often arise in criminal cases.

Texas felonies and misdemeanors.

Felonies are of five types:

Capital Felony:   Penalty: Death or life imprisonment.

1^st Degree Felony:   Penalty: Confinement for life or a term from 5 to 99 years in prison and an optional fine not to exceed $10,000. 

2^nd Degree Felony:   Penalty: Confinement for a term from 2 to 20 years in prison, and an optional fine not to exceed $10,000.

3^rd Degree Felony:   Penalty: Confinement for a term of 2 to 10 years in prison, and an optional fine not to exceed $10,000.

State Jail Felony:   Penalty: Confinement for a term of 180 days to two years in a State Jail Facility; and an optional fine not to exceed $10,000.

Misdemeanors are of three types:

 Class A Misdemeanor:   Penalty: Confinement for a term not to exceed 1 year in a County jail; and/or a fine not to exceed $4,000.

Class B Misdemeanor:   Penalty: Confinement for a term not to exceed 180 days in a County jail; and/or a fine not to exceed $2,000.

Class C Misdemeanor:   Penalty: No confinement; a fine not to exceed $500.

Texas provides for enhancements from one class of penalty to the next, depending on various factors. For example, if you have been convicted a misdemeanor crime involving family violence, if you are arrested again for misdemeanor assault family violence, you could be charged with a felony.

Common Issues Concerning Criminal Cases 

Issues involving criminal law are many and cannot all be covered in a web site. Some points that come up often are:

• Trial by jury: In Texas, you have the right to a trial by jury for any criminal offense, and you also have the right to waive jury for such offenses. The right to a jury trial is very important and should not be waived lightly. Often, requesting a jury is a good way to try and convince the State to make a better plea offer and, in the proper case, may be the best strategy for the person accused of a crime. 

• Deferred adjudications: Sometime the District Attorney will agree to a deferred adjudication- that is, in exchange for a plea of guilty, the DA will agree that no conviction will be entered if the Defendant complies with the requests of the probation department and commits not new offenses for a period of time. While this may be a good result in some circumstances, each case should be evaluated on its own merits. Deferred adjudications often have collateral consequences that should be evaluated prior to accepting such a deal.

• Probation/Community Supervision: Under Texas law, probation is called community supervision. Most crimes are eligible for community supervision, but not all. Further, judges can require that a person serve time in the County jail as a condition of community supervision. The length and terms of community supervision are an important part of any plea negotiation.

• Bond issues: The right to a reasonable bond is guaranteed under Federal and State law. If the amount of bond is too high, an attorney can file various motions to get a client released or to get the bond lowered. Bonds can be posted either by cash or through a bondsman. My office can help you find a bondsman who can quickly assist you.

• Warrant issues: Persons often learn of warrants the hard way- they are pulled over for a traffic offense and are rudely informed of an outstanding warrant and are taken to jail. A warrants is a document issued by a judge for the arrest of a person. Often, failure to appear in court in response to a traffic citation will result in an arrest warrant. Warrants are also issued when a law enforcement officer presents an affidavit showing probable cause that a crime has been committed to a judge who issues the warrant. After the person is arrested, they are taken to jail until they can post bond, or until certain time deadlines pass and the State has failed to indict or file an information with the Court. If you believe a warrant has been issued for your arrest, if is crucial you consult with an attorney prior to turning yourself in.  You may have many options that could result in the warrant being lifted or making your processing time as short as possible.

 Please contact us if you have any questions or comments!