Crimes and Punishment in Texas State Court

PLEASE NOTE: This is a rough guide. The penal code is complex and many variations and exceptions exist in classifying criminal behavior. Consult an attorney for advice on your particular circumstances.

For federal crimes, please contact an attorney. Federal sentences are determined by complicated sentencing guidelines.

First Degree Felonies

  • Confinement for life or from five to ninety-nine years and a possible fine not to exceed $10,000
  • Possibility of community supervision

Examples:

  • Aggravated assault of public servant
  • Aggravated kidnapping
  • Aggravated robbery
  • Aggravated sexual assault
  • Attempted capital murder
  • Arson of habitation
  • Burglary of a habitation with intent to commit or commission of a felony
  • Causing serious bodily injury to child, senior citizen, or disabled person
  • Escape from custody (if serious bodily injury occurs)
  • Murder
  • Solicitation of capital murder
  • Trafficking of persons under the age of fourteen

Second Degree Felonies

  • Two to twenty years in prison and possible fine not exceed $10,000
  • Possibility of community supervision

Examples:

  • Aggravated assault
  • Arson
  • Bigamy
  • Bribery
  • Evading arrest (and death of another occurs)
  • Improper relationship between educator and student
  • Indecent contact with a child
  • Intoxication manslaughter
  • Manslaughter
  • Online solicitation of a minor under fourteen
  • Possession of fifty to 2000 pounds of marijuana
  • Robbery
  • Sexual assault
  • Stalking—second offense
  • Trafficking of persons
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Third Degree Felonies

  • Two to ten years in prison and possible fine not to exceed $10,000
  • Possibility of community supervision

Examples:

  • Aggravated perjury
  • Bail jumping of a felony arrest
  • Deadly conduct with a firearm
  • Escape from felony custody
  • Indecent exposure to a child
  • Intoxication assault
  • Possession of a firearm by a felon
  • Retaliation
  • Stalking
  • DWI (third offense)
  • Tampering with evidence
  • Violation of protective order (third offense)

State Jail Felonies

  • 180 days to two years in a state jail and possible fine not to exceed $10,000
  • Possibility of community supervision
  • Possibility of punishment as Class A misdemeanor

Examples:

  • Burglary of a building
  • Coercing a minor to join a gang by threatening violence
  • Credit card abuse
  • Criminally negligent homicide
  • Criminal nonsupport
  • Cruelty to animals
  • DWI with child passenger
  • Evading arrest in a vehicle
  • False alarm or report
  • Forgery of a check
  • Fraudulent use or possession of identifying information
  • Improper photography or visual recording
  • Interference of child custody
  • Possession of less than one gram of a controlled substance
  • Theft of something valued between $1500 and $20,000
  • Unauthorized use of a vehicle
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Class A Misdemeanors

  • Up to one year in the county jail and/or a fine not to exceed $4000.
  • Up to two years of community supervision or three years with an extension

Examples:

  • Assault with bodily injury
  • Bail jumping of misdemeanor offense
  • Burglary of coin operated machine
  • Burglary of a vehicle
  • Cruelty to animals
  • DWI (2nd offense)
  • Escape from misdemeanor custody
  • Evading arrest on foot
  • Interference with 911 call
  • Obscenity
  • Perjury
  • Possession of two to four ounces of marijuana
  • Promoting gambling
  • Public lewdness
  • Resisting arrest
  • Stealing check
  • Unlawfully carrying a weapon
  • Violation of protective order

Class B Misdemeanors

  • Up to 180 days in the county jail and/or fine not to exceed $2000
  • Up to two years of community supervision or three years with an extension

Examples:

  • Criminal Trespass
  • DWI
  • False report to police officer
  • Fraudulent degree
  • Harassment
  • Indecent exposure
  • Possession of 2 ounces or less of marijuana
  • Prostitution
  • Riot
  • Silent Calls to 911
  • Terroristic threat

Class C Misdemeanors

  • Fine not to exceed $500

Examples:

  • Assault by threat
  • Disorderly conduct
  • Gambling
  • Issuance of bad check
  • Leaving child in a vehicle
  • Minor in possession of alcohol
  • Possession of alcoholic beverage in motor vehicle
  • Public intoxication
  • Use of Laser pointers

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