Resources

Misdemeanors

In Texas, a misdemeanor is defined as any crime where the maximum possible jail time is one year or less. There are three categories of misdemeanors: Class A, Class B and Class C.

Class A misdemeanors are punishable by a fine of up to $4,000 and/or confinement in jail of up to one year. Some examples of Class A misdemeanor offenses include assault causing bodily injury, driving while intoxicated second offense and theft of property valued at $500 to $1500.

Class B misdemeanors are punishable by a fine of up to $2,000 and/or confinement in jail of up to six months. Some examples of Class B misdemeanor offenses include driving while intoxicated first offense and possession of marijuana less than two ounces.

Both Class A and B misdemeanors are handled in the County Courts.

Felonies

Captial Felonies
(a) An individual found guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment for life without parole or by death. An individual found guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment for life without parole.

(b) In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment without parole or death is mandatory on conviction of a capital felony. In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that a sentence of life imprisonment without parole is mandatory on conviction of the capital felony.

First Degree Felonies
(a) An individual found guilty of a felony of the first degree shall be punished by imprisonment for life or for any term that is not more than 99 years or less than 5 years.

(b) In addition to imprisonment, an individual found guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.

Second Degree Felonies
(a) An individual found guilty of a felony of the second degree shall be punished by imprisonment for any term that is not more than 20 years or less than 2 years.

(b) In addition to imprisonment, an individual found guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.

Third Degree Felonies
(a) An individual found guilty of a felony of the third degree shall be punished by imprisonment for any term that is not more than 10 years or less than 2 years.

(b) In addition to imprisonment, an individual found guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

State Jail Felony
a) Except as provided by Subsection (c), an individual found guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.

(b) In addition to confinement, an individual found guilty of a state jail felony may be punished by a fine not to exceed $10,000.

Anatomy of a State Criminal Case

After an individual is arrested, the case is sent to the district attorney’s office. The prosecutor will then review the police report and decide whether the state should go forward with the case. If the charge is a misdemeanor and the prosecutor decides to file the case, he prepares an information or complaint to file in the court with jurisdiction. An information is a written statement presented on behalf of the state charging the individual with an offense; it must be filed within two years from the date of commission of the crime alleged.

If the charge is a felony and the prosecutor decides go forward with the case, he will present the state’s case to a grand jury. If the individual charged is in the state’s custody, the prosecutor must present the case to the grand jury within 90 days; if the individual is not in custody, the prosecutor must present the case within 180 days. If the grand jury finds there is enough evidence presented to charge the individual with the crime, it returns an indictment. The case is then sent to the court with jurisdiction.

In a misdemeanor or felony case, the court coordinator will then put the individual on their docket and a date will be set for the individual to report to that court. At the first appearance in front of the court, the individual is generally advised of his/her right to an attorney and possibly granted a bond if he/she is in custody. At the second court setting, the individual should have retained an attorney to represent his interests and appear with that attorney in court. Each court setting is a step closer to resolving the case either by a plea bargain or trial.

You should arrive on time for each court setting and dress appropriately; no shorts, no jeans, no T-shirts or flip-flops.