Felony vs. Misdemeanor in Texas: basic differences
Have you landed between potential criminal charges and are now asking yourself what exactly the charges mean or what the charges are?
If one has been cited or in a way has been formally charged, then some issues shall be clear about the charges levied against him or her.
Such a concept of misdemeanor vs. felony in Texas varies to a very great extent depending on the particular crime for which a particular person has been arrested.
Misdemeanor & Felony: the Differences
From a legal perspective, there is only one major defining characteristic that differentiates a misdemeanor and a felony offense; misdemeanors are offenses that are punishable by no more than one-year imprisonment while felonies are crimes that attract imprisonment of one year or higher.
A misdemeanor is hence not a violent crime most of the time. They are thought of as not being as grave or as grave a crime as a felony.
Felony In Texas
The crime charge in Texas as a felony is a more serious one compared to a misdemeanor charge. It will attract further repercussions if convicted.
Texas is no exception and divides a felony charge into degrees. There are five categories of potential felonies.
In brief, the harsher the crime the correspondent charges, and the consequences stemming from the crime in question.
We long overdue Texas Felony charges and what goes along with them; and so now it is appropriate to do a breakdown of the various categories of felony charges in Texas.
State Jail Felony
All kinds of felony charges are serious but state jail felony charge is the least severe level of a felony charge in Texas.
Crimes that are charged as a kingdom prison felony might consist of:
District with own vehicle was towing with a child passenger using a towing distance of 30m
Custodial conduct relating to a controlled substance, an amount less than one gram
Since the punishment for a state jail felony also includes a jail term, there is an added requirement of a fine.
Penalties included: a maximum of 180 days imprisonment to 2 years imprisonment. The fines will range from any amount of up to 10000.
Third Degree Lawful offense
The following more serious kind of crime is a third-degree crime The following more serious sort of crime is a third-degree lawful offense.
Violations that are charged as third-degree crimes would include:
- DWI third offense
- Possessing a firearm as a convicted felon
- Assault with intoxication
Penalty for a third-degree felony can range from two years imprisonment to ten years imprisonment depending on the offense charged, and the criminal record of the accused.
This charge also attracts a fine of up to one thousand five hundred dollars only.
Second Degree Felony
It shall be noted that a second-degree felony charge will be for much worse a crime than a first-degree felony charge will be for.2nd-degree prison charges are for crimes that include:
- Aggravated assault
- Manslaughter
Marijuana production up to 50- 20,000 pounds Marijuana processing or manufacture up to $48,000,000.
The respondents herein were charged with culpable homicide, which arose from intoxication.
Like the third-degree felony charge, a second-degree felony charge also means time in jail beginning from two years; it can go up to 20. This charge also attracts a fine of up to $ 10000.
First Degree Felony
First-degree felony charges can arise from a violent act, use of force, infliction of ion, assault, or even homicide among others. First-degree felony prison charges are for crimes that include:
- Aggravated assault
- Aggravated robbery
- Murder
Due to the high level of intensity of violence that is associated with such crimes, these specific types of crimes will attract severe penalties.
The imprisonment sentences associated with jail time for a first-degree felony will range from five years to 199 years.
This charge also attracts a fine of as up to $10000.
Misdemeanor In Texas
As in any other part of the country, misdemeanor charges are less than felon charges in the state of Texas.
However, they are still considered rather severe and might be accompanied by subsequent adverse effects.
In Texas, there are three classes of crimes, on the off chance that one is blamed for a misdeed that will be one, of a few classes of wrongdoing offense.
Again even though the charges that may be cleared against one may be as misdemeanors then they should not be Duncan taken lightly and for this one should seek the services of an attorney.
Another unusual thing that your legal team may be ready to do for you is to seek a lesser-class misdemeanor charge as a plea bargain.
Class A
The highest form of misdemeanor, a Tao: Class A misdemeanor may be filed against an individual in Texas. This is the most like a felony charge as it can get for a misdemeanor.
A Class A misdemeanor also can be made where a person has violated the same law multiple times.
Some examples of Class A misdemeanors include:
- Assault with bodily injury
- DWI Second Offense
If you are being accused of a Class A crime, you may be detained for as long as one year in the province prison.
It if was a more significant wrongdoing and required a more extended time of prison time, then it very well may be delegated a crime case.
Other penalties include imposition of time to serve in jail for up to 6months and or payment of fines of up to $4000.
Nonetheless, the actual days or amount of fines that you may receive, in any case, is going to depend on the type of your record there and, likely, the negotiations between the prosecutor, your lawyer, and the judge of your trial.
Class B
In Texas, there is a middle-level misdemeanor known as the Class B misdemeanor which is often made against the defendants.
In most such cases, your attorney can bargain for your penalty to be reduced from a Class A charge to a Class B charge.
Some examples of Class B misdemeanor charges might include:
- Criminal Trespassing
- DWI First Offense
- Some of the crimes are; Marijuana, possession of less than 2 oz.
someone who is arrested under the fees of sophistication B misdemeanor confronted as much as one hundred eighty days in jail; the time varies from one charge to different or even the offense record of the suspect.
It would also lure the payment of fines as high as $2000.
Class C
Class C misdeed is the most un-serious misdeed offense that is perceived under the Texas criminal regulation.
This is the way an individual, who perpetrated an offense, can be charged if the wrongdoing was minor and the man doesn’t have different violations with which he can be related.
Some examples of Class A misdemeanor charges might include:
- Assault
- Public intoxication
- DUI as minor
- Control of drug paraphernalia
The only consolation arising from a Class A misdemeanor charge is that although it will show on your record that you never went to jail.
The punishment for a Class C misdemeanor is that you will be vulnerable to a maximum fine of fifty thousand dollars due to conviction.
Consequently, the disparities in misdemeanor and felony are mainly a result of the degree of the crime committed.
Fines also become even more grand if the crime is the second or the third time of the same offense.
Of course, it also implies that the ferocity of penalties involved is also higher for felony charges in comparison to more minor misdemeanor charges.
Conclusion
As is true in any location, it is crucial to know what separates felony and misdemeanor charges when trying to wade through the legal process in Terrell.
Whether the prospect is a daunting one because you are in line for barring or simply because you are just wondering about the process, learning what is in store is helpful.
Thus, with at least basic knowledge of how the legal process works for both charges and professional help if necessary, you will be setting yourself up to get the best result.
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