Texas Criminal Law Attorneys

TEXAS CRIME CLASSIFICATIONS

Felonies

First Degree Felonies

Aggravated Assault of a Public Servant
Aggravated Kidnapping (with no voluntary safe release)
Aggravated Robbery
Aggravated Sexual Assault of an Adult or Child
Attempted Capital Murder
Arson (of habitation or place of assembly or worship)
Burglary of a Habitation (with intent to commit felony other than theft)
Engaging in Organized Criminal Activity (If listed criminal activity is a 1st or 2nd degree felony)
Escape (with use of a deadly weapon or causing serious bodily injury)
Injury to a Child, Elderly, or Disabled (act done intentionally or knowingly and causing serious bodily injury)
Murder (with no sudden passion)
Solicitation of Capital Murder
Trafficking of Persons (if results in death or person under the age of 14)

Second Degree Felonies:

Aggravated Assault
Aggravated Kidnapping (with a safe release of victim)
Arson (of a place other than a place of worship or habitation)
Bribery
Burglary of a Habitation (with intent to commit theft or assault or commit or attempt to commit same)
Engaging in Organized Criminal Activity (if listed criminal activity is a 3rd degree felony)
Escape (causing bodily injury)
Evading Arrest (causing the death of another)
Improper Relationship (between teacher and student)
Indecency with a Child (by contact)
Injury to a Child, Elderly Person, or Disabled Person (act done recklessly and causing serious bodily injury)
Intoxication Manslaughter
Kidnapping (involving risk of serious bodily injury)
Manslaughter (homicide done recklessly)
Murder (with sudden passion)
Robbery
Sexual Assault
Stalking-2nd Offense
Trafficking of Persons

Third Degree Felonies:

Assault (of a Public Servant or of a family member if 2nd Offense)
Aggravated Perjury
Bail Jumping (if felony arrest)
Cruelty to Animals-3rd Offense (by torture or killing)
Deadly Conduct (with a firearm)
DWI-3rd or more offenses
Engaging in Criminal Activity (if listed criminal activity is a state jail felony)
Enticing a Child (if done to commit a felony)
Escape (from felony offense)
Evading Arrest (2nd Offense with a vehicle or causing serious bodily injury)
Harassment (by prisoner)
Improper Contact with Victim (while confined)
Indecency with a Child (by exposure)
Injury to a Child, Elderly Person, or Disabled Person (act done intentionally or knowingly and causing bodily injury)
Intoxication Assault
Kidnapping
Obstruction/Retaliation
Possession of a Firearm by a Felon
Possession of Prohibited Weapon (not switchblade or knuckles)
Possession of a Weapon in a Prohibited Place
Stalking-1st Offense
Tampering with Evidence
Unlawful Carrying Weapon (on licensed premise)
Unlawful Restraint (causing risk of serious bodily injury)
Violation of a Protection Order-3rd Offense

State Jail Felonies:


Burglary of a Building
Credit/Debit Card Abuse
Criminal Nonsupport
Criminally Negligent Homicide
Cruelty to Animals (1st offense by torture or killing, 3rd offense-starve or abandon)
DWI (with a child passenger)
Engaging in Organized Criminal Activity (if listed criminal activity is a class A Misdemeanor)
Evading Arrest (with a vehicle)
False Alarm or Report
Forgery (commercial instrument)
Fraudulent Use or Possession of Identifying Information
Improper Photography or Visual Recording
Injury to a Child, Elderly Person, or Disabled Person (act done recklessly and causing bodily injury or done criminally negligent and causing serious bodily injury)
Interference with Child Custody
Interference with Rights of Guardian of the Person
Prostitution-4th Offense
Tampering with a Witness
Terroristic Threat (if loss $1,500 or more).
Theft (3rd offense or of a firearm or from another person)
Unauthorized Absence from a Community Corrections Facility or County
     Correctional Center
Unauthorized Use of a Motor Vehicle
Unlawful Restraint (of a child)

Misdemeanors

Class A Misdemeanors:

Assault (by causing bodily injury)
Bail Jumping (from class A or B misdemeanor)
Burglary of a Coin Operated Machine
Burglary of a Vehicle
Criminal Trespass (of habitation or with a deadly weapon)
Cruelty to Animals (1st offense of starving or abandoning)
Deadly Conduct (not a firearm)
DWI-2nd Offense
Escape (misdemeanor arrest)
Failure to Identify (giving false identifying info if fugitive)
Failure to Report a Felony
Gambling Promotion
Harassment-2nd Offense
Interference with a 911-phone call
Improper Contact with a Victim
Obscenity
Perjury
Possession or Manufacturing a Criminal Instrument to Commit Theft
Possession of a Firearm (when person has prior conviction for family violence)
Public Lewdness
Resisting Arrest
Stealing Check
Unlawfully Carrying Weapon
Unlawful Restraint (not a child)
Violation of a Protective Order

Class B Misdemeanors:

Assault (by threat or offensive contact with a sports participant)
Criminal Trespass (not habitation)
Disorderly Conduct (with a firearm)
DWI-1st Offense
Enticing a Child
Evading Arrest (no vehicle or injury)
Failure to Identify (false identifying info if not a fugitive or no identifying info if a fugitive)
False Report to Peace Officer
Harassment-1st Offense
Issuance of Bad Check (child support)
Indecent Exposure
Prostitution
Riot
Silent or Abuse Calls to 911 Service
Terroristic Threat

Class C Misdemeanors:

Assault (by threat or offensive contact)
Bail Jumping (from class C misdemeanor)
Criminal Trespass (of agricultural land)
Disorderly Conduct (no firearm)
Driving Under the Influence of Alcohol by Minor
Failure to Identify (with no identifying info given and not a fugitive)
Gambling
Issuance of a Bad Check
Obscene Display or Distribution
Leaving Child in Vehicle
Minor in Possession of Alcohol
Minor in Possession of Tobacco
Possession of Alcoholic Beverage in Motor Vehicle
Preventing Execution of Civil Process
Public Intoxication
Use of Laser Pointers

Theft & Criminal Mischief

Less than $20 (theft by check)  -  Class C Misdemeanor
$20 to less than $500 (theft by check)  -  Class B Misdemeanor

Less than $50  -  Class C Misdemeanor
$50 to less than $500  -  Class B Misdemeanor
$500 to less than $1,500  -  Class A Misdemeanor
$1,500 to less than $20,000  -  State Jail Felony
$20,000 to less than $100,000  -  3rd Degree Felony
$100,000 to less than $200,000  -  2nd Degree Felony
$200,000 and up  -  1st Degree Felony

Controlled Substances

Delivery: (Controlled Substances other than Marijuana & LSD)

Less than 1 gram  -  State Jail Felony
1 gram to 4 grams  -  2nd Degree Felony
4 grams to 200 grams  -  1st Degree Felony
200 grams to 400 grams  -  10 to 99 years or life + fine up to $100K
400 grams or more  -  15 to 99 years or life + fine up to $250K

Possession:  (Controlled Substances other than Marijuana & LSD)

Less than 1 gram  -   State Jail Felony
1 gram to 4 grams  -  3rd Degree Felony
4 grams to 200 grams  -  2nd Degree Felony
200 grams to 400 grams  -   1st Degree Felony
400 grams or more  -  10 to 99 years or life + fine up to $100K

Delivery:  (Marijuana)

ounce or less  -  Class B Misdemeanor
ounce or less & Money exchanged  -  Class A Misdemeanor
ounce to 5 lbs  -  State Jail Felony
5 lbs to 50 lbs  -  2nd Degree Felony
50 lbs to 2,000 lbs  -  1st Degree Felony
2,000 lbs or more  -  10 to 99 years or life + fine up to $100K

Possession: (Marijuana)

2 ounces or less  -  Class B Misdemeanor
2 ounces to 4 ounces  -  Class A Misdemeanor
4 ounces to 5 lbs  -  State Jail Felony
5 lbs to 50 lbs  -  3rd Degree Felony
50 lbs to 2,000 lbs  -  2nd Degree Felony
2,000 lbs or more  -  5 to 99 years or life + fine up to $50K

Delivery: (LSD)

(By abuse Units / Units of Drug)

Under 20 units  -  State Jail Felony
20 units to 79 units  -  2nd Degree Felony
80 units to 3,999 units  -  1st Degree Felony
4,000 units or more  -  15 to 99 years or life + fine up to $250K

Possession:  (LSD)

(By abuse Units / Units of Drug)

Under 20 units  -  State Jail Felony
20 units to 79 units  -  3rd Degree Felony
80 units to 3,999 units  -  2nd Degree Felony
4,000 units to 7,999 units  -  1st Degree Felony
8,000 units or more  -  15 to 99 years or life + fine up to $250K