Practice Areas

A criminal case, either a misdemeanor or a felony, is resolved by a dismissal of the charges, an entry of a plea of guilty or no contest, or a verdict (of not guilty or guilty) after the Defendant has plead not guilty and proceeded to a trial of the case by the court or jury. A jury must reach a unanimous verdict (12 of 12 in a felony, or 6 of 6 in a misdemeanor) or the case can be retried at a later date. This is often referred to as a “hung jury.”

In Texas, misdemeanor offenses are broken down into two systems: the “higher charges,” Class A and Class B, and the lower, Class C offenses.

Class A misdemeanor offenses, which are heard in the County Courts-at-Law, have a maximum sentence of up to one year in county jail and a fine not to exceed $4,000. Class A offenses include Assaults with Bodily Injury or Assault involving Family Violence, first DWI with BAC <.15, second DWI’s, Criminal Mischief or Theft of Property with a value of $750 to $2,500, and Burglary of a Vehicle.

Class B misdemeanors, which carry a penalty of up to 180 days in jail and/or a fine of up to $2,000, include Criminal Mischief or Theft of $100 to $750, first DWIs, Driving While License Suspended, etc. These cases are also heard in County Courts-at-Law.

Class C misdemeanors carry a penalty of fine only and include traffic offenses, Public Intoxication, Minors in Possession of Alcohol, and Disorderly Conduct offenses such as Fighting, Unreasonable Noise, etc. These cases are heard either in Municipal Court or in the Justice of the Peace courts depending on the agency for which the ticketing officer works.

In Texas, felonies, the most serious of charges, are broken down into five different categories: capital murder, first degree felony, second degree felony, third degree felony and state jail felony. Clearly, Capital Murder is the most serious charge a Defendant can face, since it carries the potential for a sentence of death or life in prison.

First degree felonies carry a sentence of five years to 99 years, or life in prison, and/or a $10,000 fine. First degree offenses include Aggravated Assault on a Peace Officer, Aggravated Sexual Assault of a Child, Murder, Possession of more than 200 grams of certain Controlled Substance, and Aggravated Kidnapping.

Second degree felonies, such as Burglary of a Habitation, Sexual Assault of a Child, Intoxication Manslaughter, and Aggravated Assault, carry a possible term of two years to 20 years in the penitentiary, and a fine up to $10,000.

Third degree felonies, such as Burglary of a Building, Indecency with a Child by Exposure, and Assault causing Serious Bodily Injury, carry a term of two to 10 years, and a maximum fine of $10,000.

State jail felonies include offenses such as Possession of a small amount (less than one gram) of certain Controlled Substances, Interference with Child Custody and Unauthorized Use of a Motor Vehicle, have a term of 180 days to two years in a state jail facility, and a maximum fine of up to $10,000.

The District Court system has rules that are more rigidly enforced than in the misdemeanor courts. Because the stakes are so much higher, (death penalty, prison time, long probations), the proceedings are more formal. Punctuality, appearance and respect for the court are a must.

Whether the Defendant is charged with a misdemeanor or a felony, many first time offenders in Texas can expect to be offered probation. There are two types of probation offered in Texas: Standard or regular probation, which entails the entry of a judgment of guilt against the Defendant; or Deferred Adjudication, which means that the judgment of guilt is deferred and the Defendant is placed on probation. Under Deferred Adjudication, if the Defendant successfully completes his term of probation, no conviction is entered on his or her record.

The maximum term of probation for felonies is 10 years. The maximum term of probation for Class A and B misdemeanors is two years. Because Class C misdemeanors are fine-only offenses, there is no probation, although a Defendant may enter into a deferred disposition agreement, which generally calls for the individual to remain trouble free for 90 days to one year.

Other ways to dispose of misdemeanor cases include Pre-Trial Diversion and Deferred Prosecution in some Counties. Under these arrangements, the Defendant usually admits the bad act and does some combination of paying a fee, undergoing counseling, taking an educational class, performing community service, and staying out of trouble for a certain period of time. At the end of the deferral period, the case is closed. In most instances the records of the arrest and prosecution can be expunged.

Marijuana is still illegal to possess in Texas. Possession of any amount up to 2 ounces is a Class B misdemeanor, between 2-4 ounces is a Class A misdemeanor, 4 ounces to 5 pounds is a State Jail Felony, 5 pounds to 50 pounds is a Third Degree Felony, 50 pounds to 2000 pounds is a second degree, and more than 2000 pounds is a First Degree Felony. Also, a conviction for Possession will automatically suspend a person’s driver’s license for 180 days. The suspension will be lifted after 180 days if the defendant completes a State approved 15 hour Drug Offender Education Program.

In Central Texas, outcomes depend on the county and any prior arrests. Even if caught red handed, many defendants have options such as taking a class or doing community service to get the case dismissed.

Possession of a controlled substance is more complicated since the Texas Controlled Substances Act classifies penalties by substance and amount. Generally, an amount under 1 gram is a State Jail Felony, 1 to 4 grams is a Third Degree Felony, 4 to 200 grams is a Second Degree Felony, and 200 grams or more can result in a First Degree Felony charge.

Possession of drug paraphernalia is classified as a Class C misdemeanor, typically resulting in a $500 fine and a possible 180‑day driver’s license suspension.

The consequences of a DWI arrest are severe, with costs including bail, towing, legal fees, probation, fines, counseling, and even increased insurance rates. In nearly every DWI case, available video evidence from traffic cameras plays a critical role in the case.

Theft charges vary from a Class C Misdemeanor to a First Degree Felony, depending on the value of the property involved, the method of theft, and prior convictions. Shoplifting is typically handled as a Class B misdemeanor, while more serious or repeated thefts can result in higher charges.

Assault charges range from a Class C Misdemeanor to a First Degree Felony. Enhanced penalties may apply in cases involving family violence or the use of a deadly weapon.

When family members or close relations are involved, the charges and collateral consequences can become especially severe, with potential implications for custody and familial relations.