Sunday, January 15, 2012

Texas Felonies and Misdemeanors:

Types of Criminal Charges and their Punishments:

First Degree Felonies Class A Misdemeanor
Second Degree Felonies Class B Misdemeanor
Third Degree Felonies Class C Misdemeanor
State Jail Felonies

DISCLAIMER: The information provided below is a general overview of most of the different types of criminal charges and their punishments in the state of Texas. It is important to note that the penal code (laws regarding punishments) is very complex and that an attorney should be consulted for any advice regarding any particular case.

Furthermore: This guide does not provide any information about federal crimes, which are separate from state crimes. If you have been charged with a federal crime, you must contact an attorney who is specialized in federal offenses and their punishments.

Felonies

Capital Felonies:

Capital Felonies are the most serious and severely punished type of crime in Texas and are defined as an individual "intentionally or knowingly causes the death of [another] individual," under special circumstances. Under Texas Law, a Capital Felony is punishable by:
v Death by lethal injection; or
v Life imprisonment
Examples of Capital Felonies:

Committing murder of a public safety officer or firefighter in the line of duty; murder during the commission of specified felonies (kidnapping, burglary, robbery, aggravated rape, arson); murder for remuneration; multiple murders; murder during a prison escape; murder of a correctional officer; murder of a judge; murder by a state prison inmate who is serving a life sentence for any of five offenses; [or] murder of an individual under six years of age;

First Degree Felonies

A First Degree felony is a very serious type of criminal charge in Texas, second only to a capital felony. First Degree Felonies are punishable by:

v Lifelong imprisonment; or
v Imprisonment from five to 99 years with a possible fine up to $10,000
v Possibility of community supervision (adult probation)*

Examples of First Degree Felonies:

Aggravated robbery; Burglary of a habitation with intent to commit or commission of a felony; Murder;

Second Degree Felonies:

Second Degree Felonies are also very serious charges, and are punishable by:

v Imprisonment of two to twenty years, with a possible fine of up to $10000
v Possibility of community supervision (adult probation)*

Examples of Second Degree Felonies:

Aggravated assault; Bribery; Evading arrest (and death of another occurs); Intoxication manslaughter; Manslaughter; Robbery;

Third Degree Felonies:

Third Degree Felonies are serious charges and are punishable by:

v Imprisonment of two to ten years with a possible fine of up to $10,000.
v Possiblity of community supervision (adult probation)*

Examples of Third Degree Felonies:

Aggravated perjury; Bail jumping of a felony arrest; Intoxication assault; DWI (third offense);

State Jail Felonies:

State Jail Felonies are the least serious type of felonies, but also have considerable consequences and are punishable by:

v Imprisonment for 6 months to two years in a state jail, with a possible fine up to $10,000;
v Possibility of community supervision (adult probation)*
v Possibility of punishment as Class A Misdemeanor

State Jail Felony Examples:

Burglary of a building; Criminally negligent homicide; DWI with child passenger; Forgery of a check; Possession of less than one gram of a controlled substance; Theft of an item valued between $1500 and $20,000;

Misdemeanors

Class A Misdemeanors:

Class A Misdemeanors are the most serious type of misdemeanors, carrying with them the following punishments:

v Imprisonment for up to one year in the county jail and/or a fine of up to $4000;
v A maximum of two years of community supervision (adult probation)*, (or three years with an extension)

Class A Misdemeanor Examples:

Assault with bodily injury; Burglary of a vehicle; DWI (2nd offense); Possession of two to four ounces of marijuana; Promoting gambling; Unlawful carrying of a weapon;

Class B Misdemeanors:

Class B Misdemeanors are less serious than Class A Misdemeanors, but are still punishable by:

v Imprisonment for up to 180 days in the county jail and/or fine up to $2000;
v A maximum of two years of community supervision (adult probation)* or three years with an extension

Examples of Class B Misdemeanors:

Criminal Trespass; DWI; Evading arrest on foot; False report to police officer; Harassment; Prostitution; Terroristic threat;

Class C Misdemeanors:

Class C Misdemeanors are the least serious type of misdemeanor, but are still punishable by:

v A fine of up to $500

Class C Misdemeanor Examples:

Minor in possession of alcohol; Possession of alcoholic beverage in motor vehicle; Public intoxication; Traffic Violations;

* Note: Community Supervision as Defined by the Texas Code of Criminal Procedure:
The placement of a defendant by a court under a continuum of programs and sanctions, with conditions imposed by the court for a specified period during which: (a) criminal proceedings are deferred without an adjudication of guilt; or (b) a sentence of imprisonment or confinement, imprisonment and fine, or confinement and fine, is probated and the imposition of sentence is suspended in whole or in part.

Author: Sullo & Sullo Attorneys

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