Former Fort Bend County District Attorney

 Crimes and 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








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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