Texas First Degree Felony Crimes and Consequences

By Independent Staff Writer

What is a First Degree Felony in Texas?

Criminal offenses in Texas are charged under the categories of misdemeanors and felonies.  Felonies are the most serious criminal offenses and carry the most severe penalties.  A felony is generally considered any criminal offense more serious than a misdemeanor, and that is punishable by imprisonment of more than one year.  A felony crime is classified as a State Jail Felony, Third-Degree Felony, Second-Degree Felony, First-Degree Felony, or a Capital Felony, the most serious being a Capital Felony that can bring a penalty of life imprisonment or death.

First Degree Felonies are among the most serious crimes in Texas, second only to capital felonies.  Examples of crimes that are considered First Degree Felonies include but are not limited to the following:

Penalties for Assault and Battery in Texas

By Independent Staff Writer

Assault charges in Texas can result from a simple threat or argument, a fistfight, or a violent attack with a weapon.  Assault charges range from misdemeanors to felony charges depending on the circumstances, and are taken especially seriously if injury occurs or if a weapon was used.  The penalties range from fines to prison terms depending on the severity of the assault and the circumstances of each case. Being faced with assault charges of any kind can have drastic negative consequences both personally and professionally.

Texas law defines assault as intentionally, knowingly, or recklessly:

• Causing bodily injury to another person, including the person’s spouse;
• Threatening someone with imminent bodily injury, including the person’s spouse; or
• Causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Classes of Misdemeanor Offenses in Texas

By Independent Staff Writer

Criminal offenses in Texas are divided into two main categories, felonies and misdemeanors.  Misdemeanors are considered lesser crimes than felonies and are divided into three classes based on the degree of seriousness of the offense and the severity of the punishments.  It is important to take misdemeanor charges seriously, because having a misdemeanor conviction on your record can impact your life in many negative ways.  You may have difficult time getting the job you want, being admitted to an institution of higher education, or even obtaining an occupational license.

Texas Driver’s License Fines and Suspensions

By Independent Staff Writer

A. The Texas Driver Responsibility Program and Points on Your License

Texas uses the Texas Driver Responsibility Program (DRP) adopted by the state legislature (TRC §708; Article 10, House Bill 3588, 78^th Legislative Session) to track individuals’ traffic violations, assign points to their records, and assess fines to drivers who receive or exceed a certain number of license points.  Not surprisingly, the point system has been an efficient revenue generator for the state.

Defining Felony Crimes in Texas

By Independent Staff Writer

Texas Felony Criminal Offenses

Criminal offenses in Texas are charged under the categories of misdemeanors and felonies.  Felonies are the most serious criminal offenses and carry the most severe penalties.  A felony is generally considered any criminal offense more serious than a misdemeanor and is classified as a State Jail Felony, Third-Degree Felony, Second-Degree Felony, First-Degree Felony, or a Capital Felony, the most serious being a Capital Felony that can bring a penalty of life imprisonment or death. Criminal felony charges of any kind are a very serious matter.  The penalties for conviction are severe and can have profoundly negative and damaging consequences to one’s personal and professional life for many years.  You may face difficulty in finding employment and may face financial problems.

Paris Hilton Drug Problem Follow Her Overseas

HOUSTON—Stars in the United States have long enjoyed our nation’s brand of "celebrity justice", but overseas their status is often overlooked. Case in point: The Japanese government’s recent refusal to allow Paris Hilton into the country after pleading guilty to misdemeanor drug charges in Las Vegas.

Hilton joined the ranks of such pop icons as Paul McCartney and the Rolling Stones when she was delayed by immigration authorities at Narita International Airport and officially denied entry into Japan. Her trip came just two days after she plead guilty to drug possession and obstructing an officer; and was sentenced to one year of probation, a $2,000 fine, 200 hours of community service and completion of a substance-abuse program. Japan has strict immigration laws that bar entry to those convicted of drug offenses, although exceptions are occasionally granted.

The 29-year-old celebrity socialite was supposed to promote her fashion and fragrance lines at a news conference on the morning of Wednesday, September 22, in Tokyo. She arrived Tuesday evening but was stopped at the airport and spent the night at a hotel there after being questioned by officials.

Tokyo was the first stop on Hilton’s planned Asia tour, during which she was to visit Kuala Lumpur, Malaysia, and open a new retail store in Jakarta, Indonesia. She was forced to cancel all of her appearances, which she has said she will make up at a later date.

Hilton’s trip was scheduled before her arrest last month in Las Vegas, when an officer found a small amount of cocaine in her purse. She was given a one-year suspended sentence, the terms of which stipulate that if she is arrested for anything besides a minor traffic violation in Vegas within the next year, she will have to serve a full year in prison. The conditions did not, however, restrict her travel overseas.

Japan has taken a hard line with famous figures in the past, including rock legends, The Rolling Stones, who struggled for years to gain entry to the country because of drug convictions among the group’s members. Former Beatle Paul McCartney was also deported in January 1980, when he was arrested at Narita airport for marijuana possession while touring with his band, Wings.

Kazuo Kashihara, an immigration official at Narita International Airport, said if Hilton had applied for an entry permit in advance of her arrival, there might have been a chance for Japan’s minister to consider an exception in her case. Instead, "She just showed up the day after [pleading guilty]," he said.

According to a statement issued by Hilton’s publicist, Dawn Miller, "Paris is very disappointed and fought hard to keep her business commitments and see her fans, but she is forced to postpone her commitments in Asia. Paris understands and respects the rules and laws of the immigration authorities in Japan and fully wishes to cooperate with them."

Driving Under the Influence (DUI) and

What is a Charge of DUI?
· If you are under the age of twenty-one (21) and you are found to have been driving in Texas with any measurable Blood Alcohol Content (BAC), then you may be charged with DUI, or Driving Under the Influence;

· It is important to note that Texas is a zero-tolerance state, which means that BAC measurements do not have to meet the 0.08% minimum to result in a minor being charged with DUI. Moreover, if a minor charged with DUI is determined to have a BAC of 0.08% or higher, then he or she may be subject to more severe penalties, described in more detail further below.

· If a minor charged with DUI is under the age of 18, he or she must have a parent or guardian present with him or her at all court appearances, and at any court mandated Alcohol Awareness Program classes.

· If, after a conviction, a minor satisfactorily fulfills all of the court’s requirements, he or she may be able to have his or her record expunged at the age of twenty-one.

What are the Penalties for a Charge of DUI?

A First Offense DUI (any measurable BAC) is considered a “Class C” Misdemeanor, with the following penalties:

· A fine of up to $500;

· A sixty (60) day Driver’s License Suspension;

· A defined period of Community Service;

· Mandatory enrollment in a Program for Alcohol Awareness;

A DUI with a BAC of 0.08% or higher will result in the following, more severe penalties:

· Incarceration for up to 180 days;

· A fine of up to $2000;

· A one year Driver’s License Suspension;


Other Alcohol-Related Charges against Minors:

What is a Charge of MIP?
If you are under the age of 21, and are found to be in possession of alcohol, then you may be charged with MIP, or Minor in Possession (of Alcohol);


What is a Charge of MIC?
If you are under the age of 21, and are found to have been consuming alcohol, then you may be charged with MIC, or Minor in Consumption (of Alcohol);


Miscellaneous:
It is important to note that with regard to all of these offenses (in spite of what some defense attorneys and/or prosecutors may indicate), there is no guarantee that a conviction for any of these offenses will simply be deleted from the offending minor’s criminal record once they turn twenty-one (21). In fact, it is much more likely that such a conviction will become a permanent part of both the offending minor’s driving record and more importantly, their criminal record as well.

Driving While Intoxicated (DWI): Definitions and Penalties

What is a Charge of DWI?


· If you possess a regular driver’s license, and you are found to have been driving in Texas with a Blood Alcohol Content (BAC) of 0.08% or higher, then you may be charged with DWI, or Driving While Intoxicated;


· It is important to note that the definition of DWI is simply that one’s physical and/or mental faculties were impaired while he or she was driving. As such, the charge of DWI is not limited to only being a charge involving intoxication from alcohol. It can also arise out of intoxication from drugs, including illegal narcotics or even legal prescription drugs.


· If you are found to have been driving in Texas with a BAC of 0.12% or higher, then you may be subject to higher penalties for DWI than if your BAC was only higher than 0.08% (but below 0.12%);


· If you are the holder of a Commercial Driver’s License (CDL), and you are found to have been driving any vehicle in Texas, commercial or otherwise, with a BAC of only 0.04% or higher, then you may be charged with DWI. In this case, a conviction will result in an automatic revocation of your CDL;


· If you are found to have been driving in Texas with a BAC of 0.08% or higher (0.04% or higher for Commercially Licensed Drivers), and you caused an accident resulting in specific injuries, then you may be charged with Intoxication Assault;


· If you are found to have been driving in Texas with a BAC of 0.08% or higher (0.04% or higher for Commercially Licensed Drivers), and you had a child under the age of fifteen in the vehicle with you at the time, you may be charged with a State Jail Felony DWI with a Child Passenger;


· If you are found to have been driving in Texas with a BAC of 0.08% or higher (0.04% or higher for Commercially Licensed Drivers), and you caused an accident where death occurs, you may be charged with Intoxication Manslaughter;



DWI Penalties:


A First Offense DWI is a “Class B” Misdemeanor that may lead to the following penalties:



· A fine of up to $2,000;

· Incarceration (Jail) for up to 180 days;

· Suspension of your driver’s license;

[A qualified attorney may be able to secure an Occupational Driver’s License (a restricted non-commercial license issued to persons whose Class C license has been suspended or revoked for certain offenses) for you depending on the circumstances of your case.]

· Mandatory participation in alcohol education classes;


A Second-Offense DWI is a “Class A” Misdemeanor that may carry to the following penalties:



· A fine of up to $4,000;

· Incarceration (Jail) for up to one year;

· A lengthy suspension of your driver’s license;

· A defined period of community service;



A Third-Offense DWI is a Third Degree Felony that may carry the following penalties:



· A fine of up to $10,000;

· Incarceration (Jail) for up to ten years;

· A significantly lengthy suspension of your driver’s license;

· Possible defined period of community service;

· Installation of Ignition Interlock Device on your vehicle, and the assessment of an initial installation fee and recurring monthly monitoring fees;

· Possible Inpatient Substance Abuse Treatment;

· Possible Extended Probation depending on completion of classes on alcohol education with an agreement to undertake a mandatory prescription of Ant-abuse;



Intoxication Assault is a Third Degree Felony that may lead carry the following penalties:



· A fine of up to $10,000;

· Incarceration (Jail) for up to ten years;

· A significantly lengthy suspension of your driver’s license;

· Possible defined period of community service;



Intoxication Manslaughter is a Second Degree Felony. It may carry the following penalties:



· A fine of up to $10,000

· Incarceration (Jail) for a minimum of two years, up to a maximum 20 years;

· Possible defined period of community service and/or mandatory classes on alcohol education;

· Permanent revocation of your Driver’s License;

Drug Violence in Mexico Spills into U.S.

HOUSTON—Although Mexico has long been a source of production and transit for illegal drugs, the country now finds itself embattled with powerful and well-financed drug cartels. An upsurge in drug-related violence can be traced to the end of 2006 when President Felipe Calderón launched an aggressive assault on drug trafficking organizations by deploying tens of thousands of federal police and soldiers to reign them in. But his initiative has been largely unsuccessful to date, and there is a rising chorus of voices on both sides of the border questioning the cost and fallout of the attack on the cartels.

Given its geographic location, Mexico has been used as a staging and transshipment point for narcotics, illegal immigrants and other contraband destined for U.S. markets from Mexico, South America and elsewhere for decades. During the 1980s and early 1990s, Colombia’s Pablo Escobar was the main exporter of cocaine and dealt with organized criminal networks all over the world. When enforcement efforts intensified in South Florida and the Caribbean, the Colombian organizations formed partnerships with Mexico-based traffickers to transport cocaine through Mexico into the United States.

These new allegiances flourished, since Mexico had long been a major source of heroin and cannabis and possessed an infrastructure that stood ready to serve the Colombia-based traffickers. At first, the Mexican gangs were paid in cash for their transport services, but in the late 1980s, a settlement was reached wherein they would be compensated in product. Payment was usually 35 to 50 percent of each cocaine shipment, which meant that organizations from Mexico became involved in distribution as well as transportation, and quickly morphed into formidable traffickers in their own right.

With the demise of Colombia’s Cali and Medellín cartels in the 1990s, Mexican gangs stepped up to dominate the wholesale illicit drug market in the United States. Arrests and deaths of key leaders in recent years have led to increasing violence as rival cartels fight for control of the trafficking routes into the U.S. Amid this continuous power struggle, gang leaders often attempt to use law enforcement to their benefit, either by bribing Mexican officials to take certain action against an opponent, or by leaking intelligence about a rival’s operations to the Mexican government or the U.S. Drug Enforcement Administration (DEA). There is also mounting evidence of corruption amid border security and law enforcement officers, with suspicions being raised about agencies on both sides of the border.

To many Mexicans, the rising count of gruesome drug-related murders is evidence that the government’s strategy to combat the cartels has failed. Current estimates put the death toll at close to 23,000 since Calderón took office in December 2006, with numbers increasing exponentially each year. The government insists that the majority of those killed in Mexico’s drug violence were involved in the narcotics trade. But a growing number of bystanders are dying in the crossfire, and Americans are among them.

Tania Lozoya, 15, of El Paso, Texas, was killed by a stray bullet at her Aunt’s house across the border in Ciudad Juárez in May 2009, after gunfire broke out when two men chased another man into the backyard of the residence. In December, a California assistant school principal, Augustin Salcedo, was killed after he was abducted from a restaurant along with five other men while he and his wife were visiting her hometown of Gomex Palacio, in the northern state of Durango. The motive for the mass abduction is still unknown.

Other Americans appear to have been specifically targeted.

U.S. anti-kidnapping expert Felix Batista was abducted by gunmen in December 2008 in the northern city of Saltillo, where he had gone to advise local businessmen on how to avoid becoming victims of the country’s wave of kidnappings. He has not been found. And on March 13, 2010, gunmen believed to be linked to drug traffickers shot a pregnant American consulate worker and her husband to death in Ciudad Juárez. The same gunmen also killed the husband of another consular employee and wounded their two young children.

Americans, from border state governors to military analysts in Washington, have begun to question whether the mounting violence presents a threat to their own national security and, to the outrage of many Mexicans, whether the country will crumble under the strain of the war.

The Obama Administration released a critical report, called the 2010 National Methamphetamine Threat Assessment by the National Drug Intelligence Center of the Justice Department, that portrays drug cartels as easily able to circumvent the Mexican government’s restrictions on the importing of chemicals used to manufacture meth, which has reached its highest purity and lowest price in the United States since 2005. Closer to home, the report also points to increased cooperation between Mexican drug trafficking organizations and U.S.-based street and prison gangs to distribute illegal substances. In many areas, American gangs have used their alliances with Mexican cartels to facilitate an expansion of their midlevel and retail drug operations into more rural and suburban areas.

Responding to a growing sense that Mexico’s military-led fight against drug traffickers is not gaining ground, the U.S. and Mexico set their joint counternarcotics strategy on a new course in March 2010 by refocusing their efforts on strengthening civilian law enforcement institutions and rebuilding communities crippled by poverty and crime.

Under the new $331 million plan, American and Mexican agencies will work together to refocus border enforcement efforts away from building a better wall to creating systems that would allow goods and people to be screened before they reach crossing points. The plan also provides support for Mexican programs intended to strengthen communities where socioeconomic hardships force many young people into crime.

Even with these new initiatives under way, the drug-related violence in Mexico shows no signs of dissipating. The U.S State Department has warned against nonessential travel along the U.S.-Mexico border, especially in the violent cities of Ciudad Juárez and Tijuana, and allowed consulate employees to evacuate their families for the foreseeable future. As even Calderón has conceded, “It’s a war.”

DWI and No-Refusal Weekends in Texas

HOUSTON—In 2008, the National Highway Traffic Safety Administration (NHTSA) reported a total of 37,261 auto accident fatalities in the United States; 11,773 (32 percent) of which involved a driver whose blood alcohol content was above the legal limit. Perhaps even more disturbing are statistics that show Texas as the national leader in alcohol-related crashes, with 1,269 drunk driving deaths documented that year.

Given this information, it’s easy to see why alcohol and drug-related traffic offenses, commonly known as Driving While Intoxicated (DWI), are frequently prosecuted criminal offenses in Texas. If the alcohol concentration in a person's blood, breath or urine is .08 percent or higher, the person is considered intoxicated by law.

In some cases under Texas DWI law, the legal definition of intoxication is met even if a person's blood alcohol concentration is lower than .08 percent. Having alcohol, drugs or a controlled substance in one's body that causes loss of normal use of mental or physical faculties is also considered intoxication. If a person is operating a vehicle, vessel or even water skis in a public place, he or she is considered to be DWI, which is a Class B misdemeanor in Texas. Boating and operating an aircraft while intoxicated are also considered to be crimes.

The minimum amount of jail time in Texas for DWI is 72 hours, unless there is an open container of alcohol in the person's possession, in which case the jail time is at least six days. Consuming any amount of alcohol while operating a motor vehicle is also an offense in Texas.

In addition to jail time, a person who is convicted of DWI the first time will have his or her driver's license suspended for 90 days up to one year. Even if there is no conviction, the positive indication of alcohol from a blood, breath or urine test will result in automatic suspension of the person's driver's license. The option to complete a court-approved DWI education course within 180 days of conviction may be offered as a means of avoiding this suspension. A person who fails to complete such a program when sentenced to do so may lose his or her license. If the case presents unusual facts (i.e.—an accident, alcohol problem, bad driving record, etc.), additional conditions may be imposed. Most conditions are designed to address a problem that appears from the facts or alcohol/drug evaluation that is performed on the subject after conviction and include, but are not limited to, the installation of an ignition interlock device; alcohol treatment; an order to consume no alcohol; confinement; and restitution.

A DWI Second Offense is considered a Class A Misdemeanor, and requires the court to order, as a condition of release from jail on bond, the installation and maintenance of an ignition interlock device. This machine requires a breath sample before it will allow an individual to start his or her car, and periodic samples while driving to monitor and ensure sobriety. New technology has made the devices “user sensitive” so that another person cannot blow into the machine for the accused.

A DWI Third Offense (or greater) is considered a Third Degree Felony in Texas, and may include a jail sentence of not less than two years nor more than ten years, along with many other stipulations and restrictions.

Refusing to submit to a blood, breath or urine test in Texas also carries penalties. If an officer has reason to believe that a person is driving while intoxicated, and the driver refuses to submit to a test, the person's driver's license may be suspended for a minimum of 180 days if the person is 21 years of age or older, and for at least 180 days if the person is under 21. The period of license suspension increases with every subsequent test that shows an alcohol concentration above the legal limit, and with each time a person refuses to submit to alcohol testing. For example, if a person refuses to be tested for intoxication and there has been an alcohol or drug related conviction or license suspension within the previous five years, the person will lose his or her license automatically for one year. Under any circumstances, however, the person is entitled to a hearing.

In spite of these consequences, the number of DWI arrestees in Texas refusing to submit to a test has remained at roughly 50 percent. As a result, law enforcement agencies and prosecutors’ offices across the state have begun to use search warrants to obtain blood samples when suspects refuse to submit to a breathalyzer test, in a new program called “No-Refusal Weekends”. According to the Harris County District Attorney’s Office, the initiative aims to “ensure a breath or blood sample from every suspect pulled over for suspected DWI, full prosecution of these offenders, and, more importantly, a decrease in the number of fatalities over holidays.”

During no-refusal operations, which to date have been held during major holiday weekends, if a suspect is arrested on suspicion of DWI and refuses to submit to a breath or blood test, the arresting officer prepares an affidavit in support of a search warrant application. The affidavit must recite facts that demonstrate that the officer has probable cause to believe that the suspect is under the influence, and that evidence of alcohol or drugs will be found in their blood. The officer then presents the affidavit to a judge who reviews if for probable cause. In practice, the police rarely appear in person to swear to the affidavit. Rather, the typical practice is for them to fax it or recite it over the phone to a judge who is “on call” for the operation. Once the warrant is approved, the arresting officer can obtain a blood sample without the suspect’s consent.



No-Refusal Weekends have been met with opposition from citizens claiming they are a violation of basic rights and the Constitutional ban on unreasonable search and seizure. Proponents, however, argue that not only will the program pull offenders from the streets, it may serve as a deterrent to those who previously thought they could side-step the law.

Feds Crack Down On Illicit Prescription Drug Sales

HOUSTON—Pharmacies in Illinois and Utah stand accused of illicit prescription drug sales over the Internet, according to court papers filed by federal agents in two U.S. cities.

Search warrant affidavits allege that both pharmacies, one in Des Plaines, Illinois, and the other in American Fork, Utah, are owned by the same man, Kyle Rootsaert. The company in Des Plaines, now called Rand Pharmacy, combined with another unidentified online pharmacy shipped 30,000 packages of prescription drugs across the country during the first six months of 2010.

"This is a pretty large ring of at least 200 websites that acted as internet pharmacies that were basically selling drugs—prescription drugs—without requiring a valid prescription," John Horton, a former official in the White House Office of National Drug Control Policy, said in an interview with CNN. "These affidavits indicate this was a multiyear, multimillion-dollar operation involving thousands and thousands of prescriptions. Going back in time, there were even deaths involved with this organization."

According to the court documents, the majority of the drugs were highly addictive, especially the muscle relaxants Soma and Tramadol. And the same physician, Dr. William E. Morrow of Layton, Utah, authorized most of the prescriptions without ever having seen or talked to any of the people ordering the drugs.

In 1999, Utah records show Morrow lost his right to dispense controlled drugs for three years because he did not follow proper prescription procedures. He was also fined $1,000, but regained his right to prescribe controlled medications in 2002. His right to practice medicine was never taken away.

Federal agents bought drugs from the online pharmacies between 2008 and April 2010 without a prescription, the affidavits say. The pills were delivered within a day or two, and dozens of follow-up emails were sent encouraging the agents to purchase more drugs. Also in 2008, a correspondent for CNN’s Special Investigation’s Unit was able to obtain the antidepressant Prozac without a prescription from the accused pharmacies.

There are countless reasons to be cautious when ordering medications online, including the sale of altered drug formulations, and expired or counterfeit products. To be sure that you are getting your medication from a reputable source, it is best to visit a licensed brick and mortar pharmacy or use an online pharmacy that has been certified by the Verified Internet Pharmacy Practice Sites (VIPPS) program at legitscript.com.

Keeping Your Driver’s License after a DWI Arrest: The ALR Hearing

The ALR Hearing:
If you have been charged with DWI (Driving While Intoxicated), the law allows you fifteen (15) calendar days to contact the DPS (Department of Public Safety) and request an ALR (Administrative License Revocation) Hearing. This hearing will usually be scheduled to take place sometime between two to three months from your date of arrest. Failure to request a hearing within this time is considered a waiver and will result in an automatic suspension of your driver’s license. The objective of the ALR Hearing is to find out if the officer had reasonable suspicion to make the stop, whether there was probable cause, whether the driver was given an opportunity to provide a breath or blood sample, and if there was alcohol concentration above the legal limit.

This ALR Hearing is extremely important for several reasons:
· This hearing will determine whether or not your driver’s license is suspended;

· In the event that your driver’s license is temporarily suspended, this hearing will give you the timely notice needed so that you can take the necessary steps to request and/or receive an Occupational Driver’s License in its place. In addition, it may save you the embarrassment and the money of a future arrest if you continue driving while your license was suspended. In other words, having notice that your Driver’s License has been suspended can prevent both another criminal case against you and the possibility of another arrest.

Note: An Occupational Driver’s License is a driver’s license issued only to individuals who have had their driver’s license suspended. This type of license has restrictions, and only authorizes the holder to drive a passenger vehicle under limited circumstances and for specific purposes, including, but not necessarily limited to, commuting to and from work, attending to certain familial responsibilities, attending court mandated appointments, going to medical appointments, and the like.

· This hearing can result in the assessment of the following penalties:

First-time offenders are subject to a possible 90-day driver’s license suspension. This suspension could be doubled to 180 days if it is determined that a breathalyzer test was refused.

Offenders with one DWI conviction in the five-year time period prior to their arrest are subject to a possible one-year driver’s license suspension;

Offenders with two DWI convictions in the ten-year time period prior to their arrest are subject to a possible two-year driver’s license suspension;

Offenders who are considered minors (under the age of 18 years) are subject to a possible 60-day driver’s license suspension for their first offense, a possible 120-day driver’s license suspension for their second offense, and a possible 180-day driver’s license suspension for their third offense;

Most importantly, this hearing is not Judicial in nature, and as such cannot afford you any protection against self incrimination. This means that evidence presented at this hearing can be used against you in your criminal case.

It is extremely important to hire a skilled and experienced attorney to represent you at your ALR hearing and at your criminal trial. You want to have the best chance to keep your license or to be granted an occupational driver’s license if yours is suspended. Moreover, you want to be protected against saying anything incriminating during the ALR hearing if you elect to appear and testify. Finally, you want to have the opportunity to have an attorney subpoena and cross examine the arresting officer at the ALR hearing to gauge the lawfulness of your arrest.

Texas Felonies and Misdemeanors:

Types of Criminal Charges and their Punishments:

First Degree Felonies Class A Misdemeanor
Second Degree Felonies Class B Misdemeanor
Third Degree Felonies Class C Misdemeanor
State Jail Felonies


DISCLAIMER: The information provided below is a general overview of most of the different types of criminal charges and their punishments in the state of Texas. It is important to note that the penal code (laws regarding punishments) is very complex and that an attorney should be consulted for any advice regarding any particular case.

Furthermore: This guide does not provide any information about federal crimes, which are separate from state crimes. If you have been charged with a federal crime, you must contact an attorney who is specialized in federal offenses and their punishments.


Felonies

Capital Felonies:

Capital Felonies are the most serious and severely punished type of crime in Texas and are defined as an individual "intentionally or knowingly causes the death of [another] individual," under special circumstances. Under Texas Law, a Capital Felony is punishable by:
v Death by lethal injection; or
v Life imprisonment
Examples of Capital Felonies:

Committing murder of a public safety officer or firefighter in the line of duty; murder during the commission of specified felonies (kidnapping, burglary, robbery, aggravated rape, arson); murder for remuneration; multiple murders; murder during a prison escape; murder of a correctional officer; murder of a judge; murder by a state prison inmate who is serving a life sentence for any of five offenses; [or] murder of an individual under six years of age;

First Degree Felonies

A First Degree felony is a very serious type of criminal charge in Texas, second only to a capital felony. First Degree Felonies are punishable by:



v Lifelong imprisonment; or
v Imprisonment from five to 99 years with a possible fine up to $10,000
v Possibility of community supervision (adult probation)*

Examples of First Degree Felonies:

Aggravated robbery; Burglary of a habitation with intent to commit or commission of a felony; Murder;

Second Degree Felonies:

Second Degree Felonies are also very serious charges, and are punishable by:

v Imprisonment of two to twenty years, with a possible fine of up to $10000
v Possibility of community supervision (adult probation)*

Examples of Second Degree Felonies:

Aggravated assault; Bribery; Evading arrest (and death of another occurs); Intoxication manslaughter; Manslaughter; Robbery;

Third Degree Felonies:

Third Degree Felonies are serious charges and are punishable by:

v Imprisonment of two to ten years with a possible fine of up to $10,000.
v Possiblity of community supervision (adult probation)*

Examples of Third Degree Felonies:

Aggravated perjury; Bail jumping of a felony arrest; Intoxication assault; DWI (third offense);

State Jail Felonies:

State Jail Felonies are the least serious type of felonies, but also have considerable consequences and are punishable by:

v Imprisonment for 6 months to two years in a state jail, with a possible fine up to $10,000;
v Possibility of community supervision (adult probation)*
v Possibility of punishment as Class A Misdemeanor

State Jail Felony Examples:

Burglary of a building; Criminally negligent homicide; DWI with child passenger; Forgery of a check; Possession of less than one gram of a controlled substance; Theft of an item valued between $1500 and $20,000; Read more ....

Why Should I Hire Sullo & Sullo Attorneys to Handle My Criminal Case?

Have You Recently Been Arrested and Don’t Know What to Do?


If you have recently been arrested, and you are trying to make a decision as to who you should hire to handle your criminal case, you have come to the right place. The Law Firm of Sullo & Sullo has provided some helpful information below to assist you in making an informed decision about your case:


You Have a Lot at Stake – Don’t Trust Just Anyone!


CRIMINAL CHARGES IN TEXAS ARE A SERIOUS MATTER. A PERSON CONVICTED OF A CRIME CAN FACE MANY LIFE-CHANGING CONSEQUENCES, INCLUDING, BUT NOT LIMITED TO:


Incarceration (Jail):

Possible punishments for most of the criminal charges in Texas include jail time. A punishment of incarceration means giving up one’s personal freedom and is one of the greatest prices an individual can pay in society. It should not be taken lightly.


Fines:


Texs Courts can impose heavy and extensive fines in association with the punishment of criminal offenses. Paying these fees can easily damage one’s pocketbook and income flow, and can hinder a person’s ability to make ends meet. While not all criminal offenses result in jail time, the financial cost of being charged with any criminal offense is high and should be considered seriously.


A Permanent Criminal Record:


Many criminal trials or plea-bargains can result in marks on your criminal record that are not easily removed. This is particularly harmful in the case of potential employers running a background check on those individuals seeking employment. A criminal record search that reveals if you have been charged or convicted of a crime can easily result in your elimination from candidacy when being considered for a job. Ensuring that a person can be freed from having a permanent criminal record is a complicated matter and only an attorney well versed in his knowledge of criminal records and how they work in Texas should be trusted with your professional reputation and the future of your career.


Why the Law Firm of Sullo & Sullo is Right for You:


The consequences of a criminal conviction can be costly and damaging to your reputation and future, and choosing to fight the criminal charges against you is a decision you should be encouraged to make.


The competent and experienced attorneys at Sullo & Sullo can fight for you in this situation. The Law Firm of Sullo & Sullo handles a variety of criminal cases, including, but not limited to:


DWI/DUI Assault Theft Drug Related Charges


When our clients face criminal charges, our primary goal is to have our clients’ cases dismissed and to prevent any criminal convictions from ever becoming part of our clients’ permanent records.


The Criminal process can be overwhelming and intimidating, and our firm can help you through this process.



REMEMBER, THE MOST SERIOUS MISTAKE MOST CRIMINAL DEFENDANTS MAKE IS SIMPLY PLEADING GUITLY TO THE CHARGES AGAINST THEM WHEN THEY COULD HAVE HAD THEIR CHARGES REDUCED OR EVEN DISMISSED BY HAVING HIRED THE RIGHT ATTORNEY. DON’T LET THIS HAPPEN TO YOU!


DISCLAIMER –All criminal cases are based on the individual circumstances and facts pertaining to each case, and the outcome of any particular case depends on a variety of factors. None of the information provided on this website should suggest or guarantee a particular result for any given criminal case. Furthermore, none of the information provided on this website should be construed in any way as legal advice. Finally, none of the information provided on this website should suggest or imply the formation of an attorney-client relationship in any capacity whatsoever.