Former Fort Bend County District Attorney

 Crimes and Punishment

MISDEMEANORS

CATEGORY

PUNISHMENT

EXAMPLE(S) (this is not exhaustive list or complete)

Class A up to 1 year in county

jail and/or a fine up to

$4,000 or both

Assault (causes bodily injury); Violating Protective/

Magistrate’s Order (first offense); Harassment (one

prior conviction) Criminal Trespass (habitation or

with deadly weapon); Burglary of a Vehicle; DWI

(one prior conviction).

 

Theft/Criminal Mischief of

$500 or more but less than $1500

Class B

 

 

 

 

 

up to 180 days in county

jail and/or a fine up to

$2,000 or both

Terroristic Threat; Indecent Exposure; Harassment

(first offense); Disorderly Conduct (discharge/display

firearm); DWI (first offense); Theft/Criminal Mischief

of $50 or more but less than $500

Class C Fine only not to exceed $500 Assault (threatens bodily injury or causes offensive or

provocative contact); Possession of Alcoholic

Beverage in Motor Vehicle; Theft/Criminal Mischief

of less than $50

 

 

 

FELONIES

CATEGORY

PUNISHMENT

EXAMPLES

Capital death by lethal injection

(only if 18 years of age or

older when offense committed)

or life imprisonment

without parole

 

Capital Murder (murder peace officer or fireman;

murder in course of kidnapping, burglary, robbery,

aggravated sexual assault, arson; for remuneration or

hire; while incarcerated in or escaping from a penal

institution; murder more than one person; murder

child younger than 6 years of age; or murder a judge)

 

First Degree Felony 5 to 99 years or life

imprisonment, may also

be fined up to $10,000 or both

 

Murder; Aggravated Sexual Assault; Injury to a

Child, Elderly, or Disabled Individual (intentional or

knowing/serious bodily injury); Aggravated

Kidnapping; Aggravated Robbery; Arson (place of

worship, place of assembly, a habitation, or causes

bodily injury or death); Burglary of a Habitation

(intent to commit felony other than felony theft);

Theft/Criminal Mischief of $200,000 or more

 

Second Degree Felony 2 to 20 years imprisonment,

may also be fined

up to $10,000 or both

 

Murder (sudden passion); Manslaughter; Indecency

With a Child (by sexual contact); Sexual Assault;

Robbery; Aggravated Assault; Arson; Burglary of a

Habitation; Theft/Criminal Mischief of $100,000 or

more; Stalking (subsequent conviction)

 

Third Degree Felony 2 to 10 years imprisonment, may also be

fined up to $10,000; or both

 

Intoxication Assault; Kidnapping; Stalking (first

offense); Violating Protective/Magistrate’s Order

(third conviction or commits assault or stalking);

DWI (two prior convictions); Theft/Criminal

Mischief of $20,000 or more

State Jail Felony 180 days to 2 years in

state jail, may also be

fined up to $10,000; or

both.  If an individual is guilty of state jail felony it can be enhanced if there is a deadly weapon finding (either use or exhibited) or if the defendant was previously convicted of any felony under section 21.02 or a 3g offense or an affirmative finding of a 3g offense or article 42.212 of the Code of Criminal Procedure    Interesting to note that Non-Aggravated state jail felonies are not eligible for enhancement to “habitual offender” status, regardless of the number of prior felonies.

Criminally Negligent Homicide; Burglary of a

Building; Criminal Nonsupport; Theft/Criminal

Mischief of $1,500 or more or Criminal Mischief of  less than $1,500 to a habitation with a firearm or explosive weapon; Forgery (check or credit card); drug offenses including possession of less than one gram of a controlled substance.

 

 

Not board certified by the Texas Board of Legal Specialization

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