IF YOU HAVE BEEN ARRESTED IN TEXAS CONTACT HOLAN LAW, PLLC SO THAT WE MAY PROTECT YOUR RIGHTS.

JUVENILE CRIMES

IN TEXAS, A JUVENILE IS A PERSON, BETWEEN THE AGES OF TEN TO SIXTEEN YEARS OLD.  A PERSON SEVENTEEN YEARS OLD AND ABOVE IS CONSIDERED AN ADULT.

A JUVENILE MAY HAVE THEIR RECORD SEALED UNDER THE PROVISIONS ALLOWED IN § 58.003 OF THE JUVENILE JUSTICE CODE.  SEALING OF RECORDS ALLOWS THE PERSON TO LEGALLY DENY THE ARREST OCCURRED.  ADDITIONALLY, SEALING OF RECORDS HIDES THE RECORD FROM THE PUBLIC.

MISDEMEANORS

 

AN OFFENSE PUNISHABLE BY FINE, CONFINEMENT IN JAIL, OR BY BOTH FINE AND CONFINEMENT IN JAIL.

IN TEXAS THERE ARE THREE CLASSES OF MISDEMEANORS:

class A misdemeanor

PUNISHABLE BY CONFINEMENT IN JAIL FOR A TERM NOT TO EXCEED ONE YEAR, FINE NOT TO EXCEED ONE YEAR, A FINE NOT TO EXCEED $4,000, OR BOTH SUCH FINE AND CONFINEMENT.

EXAMPLES:  UNLAWFUL RESTRAINT, PUBLIC LEWDNESS, UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL, ASSAULT CAUSING BODILY INJURY, POSSESSION OF SUBSTANCE IN PENALTY GROUP 2-A, OR GROUP 3, POSSESSION OF MARIJUANA, OR FRAUD.

CLASS B MISDEMEANOR

PUNISHABLE BY CONFINEMENT IN JAIL FOR A TERM NOT TO EXCEED 180 DAYS, FINE NOT TO EXCEED $2,000, OR BOTH SUCH FINE AND CONFINEMENT.

EXAMPLES:  INDECENT EXPOSURE, VOYEURISM, ASSAULT, THEFT OF ITEM WORTH MORE THAN $500, POSSESSION OF SUBSTANCE IN PENALTY GROUP 2-A, DELIVERY OF MARIJUANA, POSSESSION OF MARIJUANA.

CLASS C MISDEMEANOR

PUNISHABLE BY FINE NOT TO EXCEED $500.

EXAMPLES:  VOYEURISM OR ASSAULT, POSSESSION OR DELIVERY OF DRUG PARAPHERNALIA, MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1, POSSESSION OR DELIVERY OF MARIJUANA, MINOR TRAFFIC VIOLATIONS.

FELONIES

IN TEXAS, FELONIES MAY FALL INTO ONE OF FIVE CATEGORIES:

Capital felonies

IF THE INDIVIDUAL IS FOUND GUILTY AND THE STATE SEEKS THE DEATH PENALTY, A CAPITAL FELONY IS PUNISHABLE BY IMPRISONMENT IN THE INSTITUTIONAL DIVISION FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE, OR DEATH.

IF THE INDIVIDUAL IS FOUND GUILTY AND THE STATE DOES NOT SEEK THE DEATH PENALTY A CAPITAL FELONY IS PUNISHABLE BY IMPRISONMENT IN THE INSTITUTIONAL DIVISION FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE; HOWEVER, AND INDIVIDUAL UNDER THE AGE OF EIGHTEEN AT THE TIME OF THE OFFENSE AS WELL AS A CERTIFIED JUVENILE ARE NO LONGER ELIGIBLE FOR LIFE WITHOUT PAROLE.

EXAMPLES:  CAPITAL MURDER OR MURDER OF A CHILD VICTIM UNDER 10 YEARS.

felonies of the first degree

PUNISHABLE BY IMPRISONMENT IN THE INSTITUTIONAL DIVISION FOR LIFE, IMPRISONMENT IN THE INSTITUTIONAL DIVISION FOR NOT MORE THAN 99 YEARS OR LESS THAN FIVE YEARS WITH THE EXCEPTION OF AGGRAVATED SEXUAL ASSAULT, WHICH ADDS A 25-YEAR MINIMUM PUNISHMENT IF THE VICTIM IS YOUNGER THAN SIX, OR YOUNGER THAN FOURTEEN AND THE OFFENSE CONTAINED THREATS OF SERIOUS BODILY INJURY OR DEATH, OR USE OF A DEADLY WEAPON, , AND IN ADDITION TO IMPRISONMENT, MAY RECEIVE A FINE NOT TO EXCEED $10,000.

EXAMPLES:  MURDER, TRAFFICKING OF PERSONS, SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN, AGGRAVATED ASSAULT, AGGRAVATED SEXUAL ASSAULT, INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL, DIRECTING ACTIVITIES OF A GANG, MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP

felonies of the second degree

PUNISHABLE BY IMPRISONMENT IN THE INSTITUTIONAL DIVISION FOR NOT MORE THAN 20 YEARS OR LESS THAN TWO YEARS, AND IN ADDITION TO IMPRISONMENT, MAY RECEIVE A FINE NOT TO EXCEED $10,OOO.

EXAMPLES:  VOLUNTARY MANSLAUGHTER, MANSLAUGHTER, AGGRAVATED KIDNAPPING WITH RELEASE OF VICTIM, SMUGGLING OF A PERSON, INDECENCY WITH A CHILD, SEXUAL ASSAULT, AGGRAVATED ASSAULT, ABANDONING OR ENDANGERING A CHILD, COERCING GANG MEMBERSHIP, MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1, MORE THAN 1G BUT LESS THAN 4G.

felonies of the third degree

PUNISHABLE BY IMPRISONMENT IN THE INSTITUTIONAL DIVISION FOR NOT MORE THAN 10 YEARS OR LESS THAN TWO YEARS, AND IN ADDITION TO IMPRISONMENT, MAY RECEIVE A FINE NOT TO EXCEED $10,000.

EXAMPLES:  UNLAWFUL RESTRAINT, KIDNAPPING, SMUGGLING OF PERSONS, INCENCY WITH A CHILD, ASSAULT, INJURY TO A CHILD, DEADLY CONDUCT, TERRORISTIC THREAT, HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL OR DETENTION FACILITIES, COERCING GANG MEMBERSHIP, POSSESSION OF SUBSTANCE IN PENALTY GROUP 1.

state jail felonies

PUNISHABLE BY CONFINEMENT IN A STATE JAIL FOR NOT MORE THAN TWO YEARS AND NOT LESS THAN 180 DAYS, AND IN ADDITION TO CONFINEMENT, MAY RECEIVE A FINE NOT TO EXCEED $10,000.

EXAMPLES:  CRIMINALLY NEGLIGENT HOMICIDE, UNLAWFUL RESTRAINT, SMUGGLING OF PERSONS, INVASIVE VISUAL RECORDING, VOYEURISM, INJURY TO A CHILD, ELDERLY, OR DISABLED INDIVIDUAL, ABANDONING OR ENDANGERING A CHILD, OR AIDING SUICIDE, MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1.

1.866.948.1889

dallas, texas 75205

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Holan Law, PLLC

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