Miguel J. Cervantes Criminal Law Blog on Lawyers.com

Sentencing Guidelines in Texas

Tuesday, November 10, 2009 by Miguel J. Cervantes

When you’re charged with a crime in Texas, the stakes can be awfully high. You’re not sure how you might pay fines. The idea of jail is intimidating, to say the least.

El Paso Criminal Defense Lawyers may be able to spot details in the case that will get you a dismissal or reduction in the charges, but if the evidence against you is overwhelming, understanding the sentencing guidelines in Texas may help you decide better how you want your lawyer to negotiate plea agreements on your behalf.

Misdemeanor Charges

Misdemeanors are classified according to the relative seriousness of the offense by Class A, B, or C. If a misdemeanor is not classified in the Texas Penal Code, it is automatically a Class C misdemeanor:

Class A misdemeanors shall be punishable by a fine not to exceed $4,000 and confinement in jail not to exceed one year or both such fine and confinement.
Class B misdemeanors shall be punishable by a fine not to exceed $2000 and confinement not to exceed 180 days or both such fine and confinement.
Class C misdemeanors shall be punishable by a fine not to exceed $500.

Felony Charges

Felonies in Texas are classified by the relative seriousness of the offense into five categories. If an offense is designated a felony by the Texas Penal Code, but the Code does not specify it’s category, then the offense is a state jail felony:

Capital felonies are punishable by life imprisonment without parole or by death.
1st degree felonies are punishable by a term of imprisonment that lasts more than five and less than 99 years and may be punished by a fine not to exceed $10,000.
2nd degree felonies are punishable by a term of imprisonment that lasts more than two years, but less than 20 years and may be punishable by a fine of up to $10,000.
3rd degree felonies are punishable by a term of imprisonment that lasts more than two years, but not more than 10 years and may be punishable by a fine of up to $10,000.
State jail felonies are punishable by a term of imprisonment that lasts more than 180 days but less than two years and may be punishable by a fine of up to $10,000.

El Paso Criminal Defense Law also allows for exceptional sentences for offenses classified outside this code. A Criminal Defense Lawyer in El Paso can advise you on special cases such as these.

This information has been provided by criminal defense attorney Miguel J. Cervantes, 1013 Montana Avenue, El Paso, TX 79902 U.S.A.

Posted at 13:45 PM

Topic: Criminal Law