Criminal defense lawyers play a crucial role in the legal system, particularly when handling cases involving felonies and misdemeanors. They focus on defending individuals who have been accused of committing crimes. As legal representatives, they ensure their client’s rights are protected throughout the legal process.
In this article, understand the difference between misdemeanors and felonies in Texas. You will also learn the benefits of having a skilled defense lawyer when dealing with such offenses.
Misdemeanors And Felonies In Texas
In Texas, crimes are categorized based on the severity of the offenses and the potential penalties involved. The Texas Penal Code classifies criminal offenses, ranging from Class C misdemeanors to capital felonies.
Misdemeanors
A misdemeanor refers to a relatively minor criminal act punishable by a fine, probation, or community service. It can also lead to a short period of incarceration in a local jail, typically for up to one year.
- Class C Misdemeanor: These are the least serious misdemeanors in Texas, punishable by a fine of up to $500 with no jail time. Common Class C misdemeanors include minor traffic violations, public intoxication, and disorderly conduct.
- Class B Misdemeanor: It carries a maximum penalty of up to 180 days in county jail and a fine of up to $2,000. Offenses such as driving under the influence (DUI) with a low blood alcohol concentration (BAC), possession of small amounts of marijuana, and first-time DWI (Driving While Intoxicated) offenses fall into this category.
- Class A Misdemeanor: This type of misdemeanor is more serious than Class B and can result in a maximum jail sentence of up to one year and a fine of up to $4,000. Examples include assault causing bodily injury, theft of property valued between $750 and $2,500, and repeat DWI offenses.
Felonies
A felony is a serious criminal offense that is more severe than a misdemeanor. It refers to a crime typically punishable by imprisonment for more than one year in a prison facility, fines, or in some cases, the death penalty in jurisdictions with capital punishment.
- State Jail Felony: These crimes are less severe than other felony categories and are punishable by confinement in a state jail facility for a term ranging from 180 days to two years. These offenses include property theft valued between $2,500 and $30,000, certain drug possession offenses, and some types of fraud.
- Third-Degree Felony: Such felonies carry a prison sentence ranging from two to ten years and a fine of up to $10,000. Examples of third-degree felonies in Texas include third-time DWI offenses, certain drug offenses, and burglary of a habitation.
- Second-Degree Felony: This can lead to a prison sentence ranging from two to twenty years and a fine of up to $10,000. Crimes such as aggravated assault, sexual assault, and possession of a significant amount of certain controlled substances fall into this category.
- First-Degree Felonies: They are the most serious non-capital offenses in Texas and can result in imprisonment for five to ninety-nine years or life, along with a fine of up to $10,000. Examples include aggravated robbery, aggravated sexual assault, and large-scale drug trafficking.
It’s important to note that this is a general overview of how misdemeanors and felonies are classified in Texas. Specific details, penalties, and charges may vary based on the circumstances and specific provisions of the law. If you are facing criminal charges in Texas, it’s recommended to consult with a qualified criminal defense lawyer for accurate and personalized legal advice.
Get Help From Criminal Defense Lawyers
A criminal lawyer provides valuable assistance in misdemeanor and felony cases through legal advice, case evaluation, and investigation. They develop defense strategies, challenge evidence, and negotiate plea bargains.
In court, they represent their clients, cross-examine witnesses, and make persuasive arguments. They also advocate for fair sentencing and handle appeals and post-conviction relief if necessary. A criminal defense attorney’s knowledge and advocacy skills are crucial in protecting clients’ rights and achieving the best possible outcome in misdemeanor and felony cases.
Summary
In Texas, misdemeanors are less severe offenses, punishable by fines or short jail terms, with classes ranging from Class C to Class A. Felonies, on the other hand, are more serious crimes, carrying potential imprisonment for over one year.
Criminal defense lawyers are essential in the legal system, particularly for handling felonies and misdemeanors. They provide valuable assistance by advising, evaluating cases, developing strategies, negotiating, representing clients in court, and advocating for fair outcomes. When dealing with criminal charges, seek help from a skilled criminal attorney who can protect your rights and offer guidance throughout the legal process.
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