The State of Texas takes criminal charges very seriously and has some of the harshest fines and penalties in the nation. Texas takes a methodical approach to how it classifies criminal offenses and their punishment ranges, and having a better understanding of this system can help you better understand the charge against you.
If you are facing a criminal charge, you need the skilled legal representation of an experienced Killeen criminal defense attorney on your side.
Misdemeanors
At the lowest end of the state’s penal code offenses are misdemeanor charges. While these charges are less harsh than felonies, you shouldn’t take this to mean that your misdemeanor charge isn’t serious. A conviction can land you in jail, leave you facing steep fines, and come with social consequences that can interfere with the plans you’ve made for your future.
The dividing line between misdemeanors and felonies is that misdemeanor charges top out with sentences of up to a year in jail, while felony charges involve time behind bars in either a state jail or a prison.
Class C Misdemeanors
Class C misdemeanors carry no jail time but come with fines of up to $500.
Class B Misdemeanors
Class B misdemeanors carry up to 6 months of jail time and fines of up to $2,000.
Class A Misdemeanors
Class A misdemeanors carry up to a year of jail time and fines of up to $4,000.
Felonies
Once the sentencing reaches the level of prison time or a sentence in a state jail facility, the charge is classified as a felony. State jail felonies are something of a hybrid because, while a conviction doesn’t come with a prison sentence, it does carry up to two years in a state jail facility.
Felony charges can have serious consequences. As such, it is always best to proceed with the help of a Killeen criminal defense attorney.
State Jail Felonies
State jail felonies carry 6 months to 2 years in a state jail facility, along with fines of up to $10,000.
Third-Degree Felonies
If you are convicted of a third-degree felony, you’ll face 2 to 10 years in prison and fines of up to $10,000.
Second-Degree Felony
If you’re charged with a second-degree felony, you’ll face 2 to 20 years in prison and fines of up to $10,000.
First-Degree Felony
If you’ve been charged with a first-degree felony, you’ll face either a life sentence or a prison sentence of 5 to 99 years and fines of up to $10,000.
However, if the first-degree felony is for aggravated sexual assault of a child who is not yet 6, a minimum punishment of 25 years applies. The same is true if the charge is for aggravated sexual assault of a child who is not yet 14 if any of the following circumstances apply:
The offense involved threats of serious bodily injury.
The offense involved threats of death.
The offense involved the use of a deadly weapon.
Capital Felony
If you are charged with a capital felony and the state seeks the death penalty in your case, you’ll face either death or imprisonment for life without the possibility of parole. If the state doesn’t seek the death penalty in your case, you’ll face imprisonment for life without the possibility of parole unless you were under the age of 18.
If you were not yet 18 when you committed the capital felony, your sentence must include the possibility of parole.
Enhancements
The State of Texas is also generous with its criminal charge enhancements. For example, anyone who is convicted of any felony that isn’t a state jail felony and who has two prior felony convictions on their record – when the second occurred after the first was finalized – the charge is enhanced to carry a sentence of 25 to 99 years or a life sentence.
Class C Misdemeanors
When an individual is facing a charge for the Class C offense of either disorderly conduct or public intoxication and has three prior convictions in the last 24 months, sentencing is enhanced to include the following consequences:
A jail sentence of up to six months
Fines of up to $2,000
Class B Misdemeanor
When an individual faces a Class B misdemeanor charge and has a prior conviction of another Class B misdemeanor or any higher charge on their record, sentencing is enhanced to include the following consequences:
A jail sentence of 30 to 180 days
Fines of up to $2,000
Class A Misdemeanor
When an individual faces a Class A misdemeanor charge and has a prior conviction of a Class A misdemeanor or higher on their record, sentencing is enhanced to include the following consequences:
A jail sentence of 90 days to 1 year
Fines of up to $4,000
State Jail Felony
When someone who is on trial for a state jail felony has two prior finalized state jail felonies on their record, the sentence they face is enhanced to the third-degree felony level.
Further, if an individual is facing a state jail felony charge and has a prior felony – but not a state jail felony – conviction on their record, sentencing is enhanced to the level of second-degree felony.
Finally, if the individual – in the course of committing a state jail felony or fleeing the scene of the crime – used or exhibited a deadly weapon, a conviction will carry the same sentencing as a third-degree felony does.
Third-Degree Felony
When an individual faces a third-degree felony charge with a prior felony conviction other than a state jail felony on their record, sentencing for a conviction is enhanced to the level of a second-degree felony.
Second-Degree Felony
When an individual is facing a second-degree felony charge and has a prior felony conviction other than a state jail felony on their record, sentencing for a conviction is enhanced to the level of a first-degree felony.
First-Degree Felony
When the charge faced is a first-degree felony and the accused has a prior felony conviction other than a state jail felony on their record, sentencing is enhanced to 15 to 99 years – along with fines of up to $10,000.
Specific Charges
There are specific charges that fall under each class. If you are facing one of these charges or any other criminal charge, consult with a criminal defense attorney right away.
Class C Misdemeanors
While Class A misdemeanors generally carry no jail time, a conviction will tarnish your record. Common examples of these charges include the following offenses:
Voyeurism, which refers to observing someone else who is in a private location without their consent and for the purpose of arousing or gratifying one’s own sexual desire
Assault that involves threatening imminent bodily harm or that involves engaging in offensive or provocative physical contact
Leaving a child in a vehicle
Class B Misdemeanors
A conviction for a Class B misdemeanor can carry jail time, and common examples include the following offenses:
Voyeurism if the accused has two or more prior convictions on their record
Assault against a sports participant by a non-participant
Terroristic threat that causes an official response or a voluntary emergency response or that causes anyone to fear serious bodily injury
Class A Misdemeanors
All the following offenses are classified as Class A misdemeanors:
Unlawful restraint
Assault that causes bodily injury
Assault that causes offensive physical contact with an elderly or disabled person
Deadly conduct – or recklessly putting someone else in imminent danger of suffering serious bodily injury
Terroristic threat that involves family violence, that is against a public servant, or that is against a public place or a form of conveyance
State Jail Felony
When the charge leaves the misdemeanor classification and becomes a state jail felony, a conviction carries up to two years in a state jail facility, which is different from the county jails where misdemeanor sentences are carried out. Common state jail felonies include the following offenses:
Criminally negligent homicide
Unlawful restraint of a victim who is not yet 17
The smuggling of persons – when not committed for monetary benefit and when there isn’t a serious risk that the person or people being smuggled will suffer serious bodily injury or death
Invasive visual recording
Bestiality
Voyeurism when the person being observed is under the age of 14
Unlawful promotion or disclosure of intimate visual material
Sexual coercion
Recklessness or criminal negligence that causes injury to a child, elderly person, or a person with disabilities
Abandoning or endangering a child – with the intention of returning for them
Exposing a child who is not yet 15 to imminent danger of bodily injury, physical or mental impairment, or death
Third-Degree Felony
All the following offenses are classified as third-degree felonies, which carry 2 to 10 years in prison and fines of up to $10,000:
Unlawful restraint through reckless exposure to substantial risk of serious bodily injury
Unlawful restraint of a public servant
Unlawful restraint of someone else while in custody
Assault against a public servant or security officer who is on official duty
Assault against a contract employee who works in a correctional facility, a juvenile detention facility, or a civil commitment facility
Kidnapping
Smuggling of persons
Sexual coercion – when the accused has a prior sexual coercion conviction
Indecency with a child – when the accused exposes themself or causes the child to expose themself
Assault against a family member – if the accused has a prior conviction against a family member for assault, kidnapping, aggravated kidnapping, indecency with a child, continuous family violence, or homicide
Assault against a pregnant woman in order to force an abortion
Intentionally or knowingly causing a child, elderly person, or person with a disability to be injured
Abandoning or endangering a child – with no intention of returning for them
Deadly conduct – or discharging a firearm toward one or more people, a home or habitation, a building, or a vehicle
Tampering with a consumer product or threatening to do so with the intent of causing fear, affecting the sale of the product, or causing bodily injury
Terroristic threat that impairs or interrupts public services, that places the public in fear of serious bodily injury, or that influences the conduct or the activities of the government at the local, state, or federal level
Second-Degree Felonies
Common second-degree felony charges include all the following offenses:
Murder that is committed under the influence of sudden passion
Aggravated kidnapping – with voluntary release of the victim in a safe place
Bestiality in the presence of a child who is not yet 18 or that causes serious bodily injury or death to the animal
Smuggling of persons when there is substantial likelihood that they will suffer serious bodily injury or death or when they are under the age of 18
Improper relationship between educator and student
Indecency with a child – by engaging in sexual contact or causing the child to engage in sexual contact
Assault that involves strangulation or suffocation or that is against a police officer or judge
Sexual assault
Injury to a child, elderly person, or person with a disability through reckless conduct
First-Degree Felonies
Some of the most common first-degree felonies, which carry up to life in prison, include all the following offenses:
Murder – other than murder that is the result of sudden passion
Continuous trafficking of persons
Aggravated kidnapping – without voluntary release of the victim
Continuous sexual abuse of a young child or children
Aggravated sexual assault
Intentionally or knowingly causing injury to a child, an elderly person, or a person with disabilities
An Experienced Killeen Criminal Defense Attorney Can Help
Brett Pritchard at the Law Office of Brett H. Pritchard is a formidable criminal defense attorney who will unleash the full force of his imposing experience and legal insight in focused pursuit of your case’s best possible resolution. Learn more by contacting us online or calling us at (254) 781-4222 and scheduling a FREE consultation today.