Have you ever gotten a case dismissed?
Yes
Have you ever won a felony trial?
Yes
Have you ever won a misdemeanor trial?
Yes
Have you ever won a federal case?
Yes
Have you ever won a motion to revoke probation?
Yes
Have you ever obtained a directed verdict?
Yes
If I am convicted of a state charge, how much time am I facing?
FIRST DEGREE FELONIES:
-
Confinement for life or from five to ninety-nine years and a possible fine not to exceed $10,000
-
Possibility of community supervision
Examples:
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Aggravated assault of public servant
-
Aggravated kidnapping
-
Aggravated robbery
-
Aggravated sexual assault
-
Attempted capital murder
-
Arson of habitation
-
Burglary of a habitation with intent to commit or commission of a felony
-
Causing serious bodily injury to child, senior citizen, or disabled person
-
Escape from custody (if serious bodily injury occurs)
-
Murder
-
Solicitation of capital murder
-
Trafficking of persons under the age of fourteen
SECOND DEGREE FELONIES:
-
Two to twenty years in prison and possible fine not exceed $10,000
-
Possibility of community supervision
Examples:
-
Aggravated assault
-
Arson
-
Bigamy
-
Bribery
-
Evading arrest (and death of another occurs)
-
Improper relationship between educator and student
-
Indecent contact with a child
-
Intoxication manslaughter
-
Manslaughter
-
Online solicitation of a minor under fourteen
-
Possession of fifty to 2000 pounds of marijuana
-
Robbery
-
Sexual assault
-
Stalking—second offense
-
Trafficking of persons
THIRD DEGREE FELONIES:
-
Two to ten years in prison and possible fine not to exceed $10,000
-
Possibility of community supervision
Examples:
-
Aggravated perjury
-
Bail jumping of a felony arrest
-
Deadly conduct with a firearm
-
Escape from felony custody
-
Indecent exposure to a child
-
Intoxication assault
-
Possession of a firearm by a felon
-
Retaliation
-
Stalking
-
DWI (third offense)
-
Tampering with evidence
-
Violation of protective order (third offense)
STATE JAIL FELONIES:
-
180 days to two years in a state jail and possible fine not to exceed $10,000
-
Possibility of community supervision
-
Possibility of punishment as Class A misdemeanor
Examples:
-
Burglary of a building
-
Coercing a minor to join a gang by threatening violence
-
Credit card abuse
-
Criminally negligent homicide
-
Criminal nonsupport
-
Cruelty to animals
-
DWI with child passenger
-
Evading arrest in a vehicle
-
False alarm or report
-
Forgery of a check
-
Fraudulent use or possession of identifying information
-
Improper photography or visual recording
-
Interference of child custody
-
Possession of less than one gram of a controlled substance
-
Theft of something valued between $1500 and $20,000
-
Unauthorized use of a vehicle
CLASS A MISDEMEANORS:
Examples:
-
Assault with bodily injury
-
Bail jumping of misdemeanor offense
-
Burglary of coin operated machine
-
Burglary of a vehicle
-
Cruelty to animals
-
DWI (2nd offense)
-
Escape from misdemeanor custody
-
Evading arrest on foot
-
Interference with 911 call
-
Obscenity
-
Perjury
-
Possession of two to four ounces of marijuana
-
Promoting gambling
-
Public lewdness
-
Resisting arrest
-
Stealing check
-
Unlawfully carrying a weapon
-
Violation of protective order
CLASS B MISDEMEANORS:
Up to 180 days in the county jail and/or fine not to exceed $2000
Up to two years of community supervision or three years with an extension
Examples:
CLASS C MISDEMEANORS:
Most fines do not exceed $500
Examples:
PLEASE NOTE: The penal code is complex and many variations and exceptions exist in classifying criminal conduct. Consult an experienced criminal defense attorney for advice on your particular case. For federal crimes, sentences are determined by certain sentencing guidelines. |