The practice of criminal defense is making the government actually have to prove its allegations against you. There are well over 700 different felonies that you can be charged with in the state of Texas and the legislature adds more like clockwork every two years. The best way to protect yourself from government overreach is to hire an attorney that knows the process and can turn it to your advantage to see that justice is actually done. I represent defendants in every step of the criminal justice process, from grand jury proceedings to appeal to post-conviction writs.
The basis for most criminal prosecutions is found in the Texas Penal Code. It lays out the most charged criminal statutes for crimes such as and what precisely the government must prove to convict you of a crime. This includes “standard” crimes against people or property such as:
- Manslaughter
- Murder
- Capital Murder
- Intoxication Manslaughter
- Criminal Negligent Homicide
- Assault
- Sexual Assault
- Abandoning or Endangering a Child
- Indecent Exposure
- Burglary
- Robbery
- Theft
- Arson
- Fraud
- Perjury
- Disorderly Conduct
- Driving While Intoxicated
- Boating While Intoxicated
It also includes some offenses that a regular person may not be familiar with, such as:
- Non-payment of Child Support
- Violation of a Protective Order
- Bigamy
- Voyeurism
- Dog Fighting
- Assembling or Operating an Amusement Ride While Intoxicated
- Abuse of a Corpse
- Manufacturing or Possession of Unlawful Telecommunications Devices
Outside of the Texas Penal Code, there are a multitude of different crimes squirreled away in the other sections of the Texas Annotated Statutes. Some of them are common while others can be quite specific:
- Possession of a Controlled Substance
- Farming Tilapia without a License
- Speeding
- Using a Golf Cart on a Public Road
- Purchasing a Head of Cattle for Slaughter Without a Brand
- Possession or Manufacture of Moonshine
Punishments
The Texas Penal Code sets out the guidelines for punishments of any crime you are charged with, regardless of where in the Texas Annotated Statutes it is found. While there is some variation within the individual sections, especially in class C misdemeanors, most punishments follow this:
| Offense | Punishment Range | Example Charges | Jurisdictions |
| Felonies | |||
| Capital felony | Life in Prison or Execution | Capital murder | District court, with automatic appeal to Texas Court of Criminal Appeals |
| First degree felony | 5-99 years or life; $1-$10,000 fine | Theft of property valued at $200,000 or more; aggravated sexual assault | District court |
| Second-degree felony | 2-20 years; $1-$10,000 fine | Theft of property valued at $100,000 or more, but less than $200,000; aggravated assault; reckless injury to a child | District court |
| Third-degree felony | 2-10 years; $1-$10,000 fine | Theft of property valued at $20,000 or more, but less than $100,000; drive-by shooting with no injury | District court |
| State jail felony | 180 days to 2 years; $1-$10,000 fine | Theft of property valued at $1,500 or more, but less than $20,000; credit card or debit card abuse | District court |
| Misdemeanors | |||
| Class A misdemeanor | 0-365 days in jail; $1-$4,000 fine | Burglary; theft of property valued at $500 or more, but less than $1,500; theft of cable service; stalking without bodily injury | Constitutional county court or county court at law |
| Class B misdemeanor | 0-180 days in jail; $1-$2,000 fine | Theft of property valued at $100 or more, but less than $750; driving while intoxicated; possession of up to 4 ounces of marijuana; Assault while attending a children’s sporting event. | Constitutional county court or county court at law |
| Class C misdemeanor | $1-$2000 fine, jail time for warrants only. | Theft of property valued at less than $100; assault without bodily injury; Traffic Tickets, City Code Violations | Justice of the Peace Court, Municipal Court |
Regardless of you charge, I am willing to do everything I can within the law to get your state criminal charges dismissed, reduced, or thrown out on appeal. Call or text 281-318-1277 today for a free consultation or fill out this easy form.
Criminal Defense ♦ Real Estate ♦ Estate Planning
Houston, TX 77002
Ph. (281) 318-1277
Fx. (281) 676-5607