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CLASSIFICATION OF CRIMINAL OFFENSES IN TEXAS
FELONIES AND MISDMEANORS
Chapter 12 of the Texas Penal Code outlines the punishment range for Texas criminal offenses. What follows is a summary of those punishments ranges. To gain more information on punishments under the Texas Penal Code, read the full text of Texas Penal Code Chapter 12 Punishments.
FELONY LEVEL OFFENSES IN TEXAS
What is a Capital Felony in Texas?
A Capital Offense is the most serious offense under Texas law. A person convicted of a Capital Felony in Texas may be punishable by a death (if the State seeks the death penalty), life on prison without the possibility of parole, or life in prison (if the offense was committed prior to the person’s 18th birthday).
What is the Punishment for a First Degree Felony in Texas?
A 1st Degree Felony is the most serious offense in Texas short of a capital crime. A person convicted of a 1st Degree Felony in Texas is punished by a prison term between 5 and 99 years and a fine not to exceed $10,000.
Some of the more common 1st Degree Felonies that we handle in Tarrant County involve Continuous Sexual Abuse, high value Thefts, and certain White-Collar Crimes.
What is the Punishment for a Second Degree Felony in Texas?
A 2nd Degree Felony is a serious offense in Texas. A person convicted of a 2nd Degree Felony in Texas is punished by a prison term between 2 and 20 years and a fine not to exceed $10,000.
Some of the more common 2nd Degree felonies that we handle in Tarrant County are sexual offenses, Robbery, and Burglary of a habitation.
What is the Punishment for a State Jail Felony in Texas?
A State Jail Felony is the lowest level of felony in Texas. A person convicted of a State Jail Felony in Texas is punished by a term in a State Jail facility between 180 days and 2 years and a fine not to exceed $10,000. Confinement time in a Sate Jail facility is different from County Jail or Prison because the State does not offer any credit for good time. State Jail time is served on a day-for-day basis.
Some of the more common State Jail felonies that we handles in Tarrant County are Possession of a Controlled Substance (less than 1 gram), Burglary of a Building, DWI (with Child passenger), and Theft (under $2500 w/2 prior thefts).
MISDEMEANOR LEVEL OFFENSES IN TEXAS
What is a Class A Misdemeanor in Texas?
A Class A Misdemeanor is the most serious misdemeanor offense under Texas law. A person convicted of a Class A Misdemeanor in Texas may be punishable by confinement in the County Jail for up to 365 days and a fine not to exceed $4,000.
Some of the more common Class A Misdemeanors that we handle in Tarrant County are Assault (Family Violence), DWI (Repeat Offense), and Theft (from $750-$2500).
What is a Class B Misdemeanor in Texas?
A Class B Misdemeanor is the least serious misdemeanor offense under Texas law, with the exception of Class C citations. A person convicted of a Class B Misdemeanor in Texas may be punishable by confinement in the County Jail for up to 180 days and a fine not to exceed $2,000.
Some of the more common Class B Misdemeanors that we handle in Tarrant County are Possession of Marijuana (Less than 2 oz), DWI, and Theft (less than $750).
What is a Class C Misdemeanor in Texas?
A Class C Misdemeanor is the least serious misdemeanor offense under Texas law. A person convicted of a Class C Misdemeanor in Texas may be punishable by fine only, not to exceed $500. The most common form of a Class C citation is a traffic ticket, like speeding.
Some of the more common Class C Misdemeanors that we handle in Tarrant County are Simple Assault, Public Intoxication, and Theft (under $100).
FORT WORTH
Primary Location
930 W. 1st St., Suite 202
Fort Worth, TX 76102
817.993.9249
KELLER
*By Appointment Only
101 Quest Court
Keller, Texas 76248
817.482.6770
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Understanding the Classification of Felonies in Texas
The classification of felonies in Texas is essential for understanding the legal consequences associated with various criminal offenses. Felonies are categorized into different degrees, each carrying specific punishment ranges that reflect the severity of the crime. This classification system helps both legal professionals and potential clients navigate the complexities of criminal law in Texas.
In Texas, felonies are divided into capital felonies, first-degree felonies, second-degree felonies, third-degree felonies, and state jail felonies. Each category has distinct characteristics and associated penalties. For instance, capital felonies can result in the death penalty or life imprisonment, while state jail felonies generally carry less severe repercussions, such as confinement in state jail for a term of 180 days to two years.
Key Differences Between Felonies and Misdemeanors
Understanding the key differences between felonies and misdemeanors is crucial for anyone facing criminal charges in Texas. Felonies are more serious offenses that typically result in harsher penalties, including longer prison sentences and higher fines. Conversely, misdemeanors are less severe crimes that usually carry lighter penalties, such as shorter jail time or fines.
The classification impacts not only the legal proceedings but also the long-term consequences for individuals. For example, a felony conviction can lead to loss of voting rights and difficulties in securing employment, while misdemeanors may not have the same lasting effects. Knowing these distinctions can help individuals make informed decisions when dealing with criminal charges.
Common Defenses Against Felony Charges
When facing felony charges in Texas, it is vital to understand the common defenses that can be employed to challenge the prosecution's case. Defenses may include lack of intent, mistaken identity, alibi, and self-defense, among others. Each defense strategy aims to create reasonable doubt regarding the defendant's guilt.
For instance, an alibi defense may involve presenting evidence that the accused was not present at the crime scene when the offense occurred. Similarly, self-defense claims can argue that the actions taken were necessary to protect oneself from imminent harm. Consulting with an experienced criminal defense attorney can help in identifying the most appropriate defense strategy for a specific case.
Impact of a Criminal Record on Future Opportunities
A criminal record can significantly impact an individual's future opportunities, affecting aspects such as employment, housing, and education. Many employers conduct background checks and may be hesitant to hire someone with a felony conviction. Understanding these implications is essential for individuals navigating life after a criminal charge.
In Texas, certain programs and legal options exist to help individuals mitigate the effects of a criminal record, such as expunction and nondisclosure. Expunction allows for the complete removal of certain offenses from public records, while nondisclosure permits sealing records from public view. Seeking legal assistance can provide individuals with avenues to improve their prospects despite a criminal history.
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Understanding the Classification of Felonies in Texas
The classification of felonies in Texas is essential for understanding the legal consequences associated with various criminal offenses. Felonies are categorized into different degrees, each carrying specific punishment ranges that reflect the severity of the crime. This classification system helps both legal professionals and potential clients navigate the complexities of criminal law in Texas.
In Texas, felonies are divided into capital felonies, first-degree felonies, second-degree felonies, third-degree felonies, and state jail felonies. Each category has distinct characteristics and associated penalties. For instance, capital felonies can result in the death penalty or life imprisonment, while state jail felonies generally carry less severe repercussions, such as confinement in state jail for a term of 180 days to two years.
Key Differences Between Felonies and Misdemeanors
Understanding the key differences between felonies and misdemeanors is crucial for anyone facing criminal charges in Texas. Felonies are more serious offenses that typically result in harsher penalties, including longer prison sentences and higher fines. Conversely, misdemeanors are less severe crimes that usually carry lighter penalties, such as shorter jail time or fines.
The classification impacts not only the legal proceedings but also the long-term consequences for individuals. For example, a felony conviction can lead to loss of voting rights and difficulties in securing employment, while misdemeanors may not have the same lasting effects. Knowing these distinctions can help individuals make informed decisions when dealing with criminal charges.
Common Defenses Against Felony Charges
When facing felony charges in Texas, it is vital to understand the common defenses that can be employed to challenge the prosecution's case. Defenses may include lack of intent, mistaken identity, alibi, and self-defense, among others. Each defense strategy aims to create reasonable doubt regarding the defendant's guilt.
For instance, an alibi defense may involve presenting evidence that the accused was not present at the crime scene when the offense occurred. Similarly, self-defense claims can argue that the actions taken were necessary to protect oneself from imminent harm. Consulting with an experienced criminal defense attorney can help in identifying the most appropriate defense strategy for a specific case.
Impact of a Criminal Record on Future Opportunities
A criminal record can significantly impact an individual's future opportunities, affecting aspects such as employment, housing, and education. Many employers conduct background checks and may be hesitant to hire someone with a felony conviction. Understanding these implications is essential for individuals navigating life after a criminal charge.
In Texas, certain programs and legal options exist to help individuals mitigate the effects of a criminal record, such as expunction and nondisclosure. Expunction allows for the complete removal of certain offenses from public records, while nondisclosure permits sealing records from public view. Seeking legal assistance can provide individuals with avenues to improve their prospects despite a criminal history.
What is the Punishment for a Third Degree Felony in Texas?
