If you’ve been charged with a crime in Texas, you’re probably wondering what sorts of criminal penalties you can expect to face. Unfortunately, it may not be a simple question.
Below you can find information about penalties for many of the different types of criminal offenses here in Texas. Feel free to scroll down to find the charges that apply to you.
Penalties for Criminal Charges in Texas
The key to understanding the penalties you may face if you’re found guilty of crimes in Texas is understanding the degree of your offense. Penalties for crimes in Texas range from misdemeanors to felony crimes as follows:
- Class C Misdemeanors – Fines of up to $500, no jail time, only a fine
- Class B Misdemeanors – Fines of up to $2,000 and up to six months in jail
- Class A Misdemeanors – Fines of up to $4,000 and up to one year in jail
- State Jail Felonies – Fines of up to $10,000 and up to two years in jail
- Third-Degree Felonies – Fines of up to $10,000 and between two and ten years in jail
- Second-Degree Felonies – Fines of up to $10,000 and between two and twenty years in jail
- First-Degree Felonies – Fines of up to $10,000 and between five years and life in prison
- Capital Felonies – Life imprisonment or the death penalty
Keep in mind that each level of charge may also include additional penalties such as having your driver’s license suspended, losing your voting rights, getting a permanent criminal record, and registering as a sex offender. You should talk to a criminal defense attorney to learn about the special penalties that may apply in your case.
Penalties for DUI and DWI
First-time DWI offenses typically will be charged as either a Class B or Class A misdemeanor. Repeat offenders are likely to face a Class A misdemeanor, and may face punishment of up to a third-degree felony. DUIs are typically charged as Class C misdemeanors. All charges are likely to include penalties such as DWI education, probation, and community service.
Penalties for Theft
In general, charges for theft vary depending on the value of the property stolen, as shown in the list below. However, it’s important to note that certain crimes may face higher charges depending on the circumstances, such as the use of a deadly weapon or a prior conviction.
- Up to $100 Worth of Property – Class C Misdemeanor
- Property Worth $100 to $750 – Class B Misdemeanor
- Property Worth $750 to $2,500 – Class A Misdemeanor
- Property Worth $2,500 to $30,000 – State Jail Felony
- Property Worth $30,000 to $100,000 – Third-Degree Felony
- Property Worth $100,000 to $300,000 – Second-Degree Felony
- Property Worth More Than $300,000 – First-Degree Felony
- Theft from a Person – Class A Misdemeanor
- Theft of Livestock, Metals, or Firearms Worth $20,000 – State Jail Felony
- Theft of Livestock Worth $150,000 — Third-Degree Felony
Penalties for Assault
Like other types of crimes, the penalties for assault in Texas may vary depending on any aggravating circumstances or mitigating factors. The judge may decide to change your sentence depending on the details of your case. Rather than sorting penalties by the severity of the crime, it’s easier to sort types of crimes by the severity of the assault charge:
- Class C Misdemeanor – You threaten someone with bodily harm or make physical contact in a provocative or offensive way
- Class B Misdemeanor – You assault someone in retaliation
- Class A Misdemeanor – You cause bodily injury to someone or make physical contact with an elderly person in a provocative or offensive way
- Third-Degree Felony – You assault a family member or public servant
- Second-Degree Felony – You assault a family member for a second time, you intentionally stop the blood flow or breathing of another person, or you commit an aggravated assault or cause serious bodily injury
- First-Degree Felony – You assault a police officer or someone with whom you are in a relationship
Penalties for Sexual Assault
You might think that sexual assault would fall under the assault category, but the fact is that state laws and criminal statutes view these crimes differently. In Texas, sexual assault is typically charged as a second-degree felony. However, it’s important to note that there are many circumstances in which sexual abuse and assault result in first-degree felony charges. In particular, sexual assault charges may be higher if the victim was younger than 6 years old, if the defendant used a weapon, or if controlled substances were used in the crime. In these cases, you may be convicted of a first-degree felony.
Penalties for Drug Possession and Drug Charges
Determining the penalties for drug charges is arguably the most complex part of navigating criminal charges. That’s because controlled substances are broken down into a range of progressively more dangerous and intense groups, and the penalties for possession will vary depending on which group your crime involves. For the most hazardous substances, charges can range from state jail felonies to enhanced first-degree felonies. Meanwhile, charges for less dangerous drugs may be as low as a Class B misdemeanor.
Penalties for Gun and Weapon Charges
Some weapons, such as bombs, machine guns, and sawed-off shotguns, are illegal to own for all Texans, and there are some Texans who are restricted from owning certain other weapons. Breaking either of these types of laws can result in serious weapons charges. A few common weapons charges include:
- Class C Misdemeanor – Possession of an unsecured firearm within access of a child
- Class B Misdemeanor – Displaying a deadly weapon in a public place to cause alarm, firing a gun in a public place
- Class A Misdemeanor – Possession of a firearm with a prior assault conviction, selling a firearm to a convicted felon, illegally carrying a weapon
- Third-Degree Felony – Possession of an illegal weapon, possession of a firearm with a prior felony conviction, unlawfully carrying at a store that sells alcohol
In addition to the charges above, the use of a deadly weapon during the perpetration of another crime will likely result in higher charges than would have been imposed otherwise.
Penalties for Prostitution
Prostitution includes the performance of sexual acts in exchange for money, while solicitation involves the purchase of said sexual acts. In Texas, the penalty for a first-time prostitution charge is typically a Class B misdemeanor. Repeat offenders can expect to face higher charges, with second and third offenses typically being charged as Class A misdemeanors, and fourth offenses and higher being charged as state jail felonies. Meanwhile, those charged with aggravated promotion, or pimping, may face a state jail felony as well.
Penalties for Homicide, Manslaughter, and Murder
In Texas, there are four types of homicide charges. From least to most severe, these charges are criminally negligent homicide, manslaughter, murder, and capital murder. Determining which of these charges applies to you will depend on the circumstances of your case. In general, criminally negligent homicide is charged as a state jail felony, manslaughter is charged as a second-degree felony, murder is charged as a first-degree felony, and capital murder is charged as a capital felony.
Charged with a Crime? Get Help You Can Trust
Under Texas criminal law, you deserve a capable defense before being sentenced. Facing sentencing for a crime in Texas can be incredibly nerve-wracking, but having an experienced criminal defense attorney by your side can help you ensure your best interests will be protected. We can help you investigate your crimes, gather evidence, and make a strong case to reduce the charges against you. We fight for dismissal in every case, and we will fight tirelessly for you all the way, up to the Supreme Court if necessary.
Don’t put your freedom at risk by facing the court system alone. Get help from a fierce criminal defense lawyer in San Antonio.