A criminal case is prosecuted in the name of the State of Texas against the accused (defendant), and is conducted by the appropriate prosecuting attorney (prosecutor) acting under the authority of the State of Texas.
Prosecution of a Class C Misdemeanor in municipal or justice court is initiated by filing a complaint. A complaint is a written affidavit made by some credible person charging the defendant with the commission of an offense.
Prosecution of a Class A or B Misdemeanor in a county court, county court at law or county criminal court is initiated by filing an information, which charges the defendant with the commission of an offense.
A felony is prosecuted in a district court or criminal district court and a grand jury indictment (sometimes called “bill of indictment”) is required unless waived by the defendant.
Capital Felony: [Tex. Penal Code Ann. §12.31]
If the individual is found guilty and the state seeks the death penalty:
• 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:
• Imprisonment in the institutional division for life without the possibility of parole.
• However, an individual under the age of 18 at the time of the offense as well as a certified juvenile are no longer eligible for life without parole.
First Degree Felony: [Tex. Penal Code §12.32]
• Imprisonment in the institutional division for life, or
• 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 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon.
• In addition to imprisonment, may receive a fine not to exceed $10,000
Second Degree Felony: [Tex. Penal Code §12.33]
• Imprisonment in the institutional division for not more than 20 years or less than two years
• In addition to imprisonment, may receive a fine not to exceed $10,000
Third Degree Felony: [Tex. Penal Code §12.34]
• Imprisonment in the institutional division for not more than 10 years or less than two years
• In addition to imprisonment, may receive a fine not to exceed $10,000
State Jail Felony: [Tex. Penal Code §12.35 (a), (b)]
• Confinement in a state jail for not more than two years and not less than 180 days
• In addition to confinement, may receive a fine not to exceed $10,000
Class A Misdemeanor: [Tex. Penal Code §12.21]
• Confinement in jail for a term not to exceed one year
• Fine not to exceed $4,000
• Both fine and confinement
Class B Misdemeanor: [Tex. Penal Code §12.22]
• Confinement in jail for a term not to exceed 180 days
• Fine not to exceed $2,000
• Both fine and confinement
Class C Misdemeanor: [Tex. Penal Code §12.23]
• Fine not to exceed $500
Plea Bargain:
The State and Defense may resolve the case by agreeing on a punishment or disposition of the case.
Nonnegotiated Guilty Plea (Open Plea):
The judge has the responsibility to assess the punishment applicable to the offense because the State and Defense did not reach an agreement on punishment or resolution of the case.
Trial:
The Texas Constitution guarantees the accused in all criminal prosecutions the right to a trial by jury. The defendant may waive trial by jury and proceed with trial to the court (judge) with the consent of the judge and the prosecutor except a capital felony in which the state seeks the death penalty.
Dismissal:
The prosecutor may, with the consent of the judge, dismiss a criminal case. Common reasons for dismissal include: (1) insufficient evidence; (2) crucial evidence is suppressed (excluded) because of an illegal arrest or search; (3) the case is re-filed to correct mistakes in the information or indictment or to better plead the case; (4) at the request of the victim; (5) the defendant pleads guilty to other offenses; (6) the defendant has never been arrested; or (7) necessary witnesses cannot be located.
The following is not an exhaustive list of Texas Crimes. Each crime has elements that the State must prove beyond a reasonable doubt in order to obtain a conviction. Prior convictions or criminal history can cause an offense to be enhanced to the next offense level. Drug transactions in a Drug Free Zone may cause the offense to be enhanced to the next offense level.
Capital Felony:
First Degree Felony:
Second Degree Felony:
Third Degree Felony:
State Jail Felony:
Class A Misdemeanor:
Class B Misdemeanor:
Class C Misdemeanor:
First Degree Felony:
Second Degree Felony:
Third Degree Felony:
State Jail Felony:
Class A Misdemeanor:
Class B Misdemeanor:
Class C Misdemeanor:
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Disclaimer: General information, such as that provided by the Law Offices of Atonya McClain, PLLC, does not constitute individual legal advice nor is it meant to take the place of the assessment of an expert. However, we do hope to answer some of the questions we hear most often. You should always consult with a qualified criminal defense attorney about the individual facts of your case before making any decisions about your particular situation.
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