In Texas, felonies are divided into four basic levels – State jail, third degree, second degree, and first degree.
State Jail Felonies (SJF) are punishable by 180 days to 2 years in the state jail facility. The State Jail Facility is different from the “regular” penitentiary, commonly referred to as TDC (Texas Department of Criminal Justice Correctional Institutions Division). Third Degree Felonies have a punishment range of 2 years to 10 years in TDC; Second Degree Felonies have a range from 2 years to 20 years in TDC, and First Degree Felonies have a punishment range of 5 years to 99 years or life in TDC. Probation may or may not be available for all of the above levels of felonies – it all depends on the type of case. Also, all felonies are punishable by fines not to exceed $10,000.00.
Due to the scope and breadth of Texas criminal law, most laypersons don't know or understand why certain offenses are felonies. For example, if your friend leaves a pipe in your car, and you're pulled over, and that pipe is found to have a residue of methamphetamine, you could be charged with a State Jail felony of Possession of a Controlled Substance, Penalty Group 1, of an amount less than 1 gram. This is for just a residue of methamphetamine. And it may not be your pipe. But the law and evidence may amount to a conviction.
Another example: If you steal beer out of somebody's attached garage, you could be charged with Burglary of a Habitation, which is a second degree felony. If you and some buddies steal items out of several peoples' garages, that could be a first degree felony of Engaging in Organized Criminal Activity.
What these examples are designed to show is, the law is very complex and no case is exactly the same – every situation and every case is unique.
Obviously, felony charges are very serious and should be handled most carefully. Since you're looking at incarceration that could run for several years, you must have the best legal representation when facing any felony charge. Our firm will protect your rights and make sure you are treated fairly. We will do whatever it takes to resolve your legal issues successfully.
In Texas, there are three classes of Misdemeanors – A, B, and C.
Class C Misdemeanors are the least severe – but they are still criminal offenses. If you run a red light, speed, or run a stop sign, you have committed a Class C misdemeanor. If you hug somebody or touch them without consent (an offensive touching), that is a Class C assault. Class C misdemeanors are punishable by fine only.
Class B misdemeanors are punishable by a fine up to $2000.00 and county jail time up to 180 days. Some examples of Class B misdemeanors are: DWI first offense, possession of marijuana under 2 oz, criminal trespass, and theft of property (value of property between $50 and $500).
Class A misdemeanors are punishable by a fine up to $4000.00 and up to one year in the county jail. Class A misdemeanors include domestic assaults (assault family violence), DWI 2nd, and Burglary of a Motor Vehicle.
Any misdemeanor charge has the potential to affect one's career, family, and reputation in a negative way. Misdemeanor convictions, like felony convictions, stay with you forever. You want an experienced, efficient, and personable trial attorney handling your misdemeanor cases. Let us help you achieve the results you want.