HOUSTON CRIMINAL DEFENSE & DWI DEFENSE ATTORNEY BLOG

CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by:

(3) both such fine and confinement.

Examples of Class A misdemeanors include:

* Assault Bodily Injury
* Violation of a Protective Order
* Burglary of a Motor Vehicle
* DWI (2nd Offense)
* Criminal Trespass (Habitat/Dwelling)
* Resisting Arrest
* Stealing Checks
* Perjury
* Deadly Conduct (No firearm)
* Possession of Firearm (Prior family violence conviction)
* Obscenity
* Unlawfully Carrying Weapon
* Unlawful Restraint (No Child)

CLASS B MISDEMEANOR. An individual adjudged guilty of a Class B misdemeanor shall be punished by:

(3) both such fine and confinement.

Examples of Class B misdemeanors include:

* Assault (by threat or offensive contact with sports participant)
* Criminal Trespass (Not habitation/dwelling)
* Disorderly Conduct (Firearm)
* DWI (1st Offense)
* Evading Arrest (not in a vehicle and no injury)
* False Report to a Peace Officer
* Harassment (1st Offense)
* Possession of Marijuana (Less than 2 ounces)
* Prostitution
* Terroristic Threat

CLASS C MISDEMEANOR. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.

Examples of Class C misdemeanors include:

* Assault (Threat or Offensive Contact)
* Disorderly Conduct
* DUI by a Minor
* Gambling
* Issuance of a Bad Check
* Minor in Possession of Alcohol
* Possession of Alcohol in a Motor Vehicle
* Public Intoxication
* Traffic Violations

J. Cole Brooks CRIMINAL DEFENSE LAW, Criminal Law FAQ's

A capital felony is punishable by life in prison or death by lethal injection.

Examples of capital felonies are any number of versions of capital murder:

* Murder of a police officer or fireman
* Murder committed during a kidnapping, burglary, robbery, aggravated sexual assault, or arson
* Murder committed while incarcerated or while escaping from a penal institution
* Murder for remuneration or hire
* Murder of a child of six years of age or less
* Murder of multiple people

First Degree Felony

A First Degree felony is punishable by a jail sentence ranging from 5 to 99 years in prison. Additionally you may be forced to pay a fine of up to $10,000.00.

Examples of First Degree Felonies are:

* Murder
* Aggravated Sexual Assault
* Aggravated Robbery
* Aggravated Kidnapping
* Arson to a place of worship
* Arson that results in bodily harm
* Theft or criminal mischief of $100,000.00 or more
* Burglary of a habitation with the intent to commit felony other than felony theft

Second Degree Felony

A Second Degree felony is punishable by 2 to 20 years in prison and you may be required to pay a fine of up to $10,000.00.

Examples of Second Degree felonies are:

* Murder committed in sudden passion
* Manslaughter
* Indecency with a child by sexual contact
* Sexual Assault
* Robbery
* Theft or criminal mischief of $20,000 or more
* Aggravated Assault
* Burglary of a habitation
* Arson

Third Degree Felony

A third Degree felony is punishable by 2 to 10 years in prison and you may be required to pay a fine of up to $10,000.00.

Examples of Third Degree felonies are:

* Violating Protective/Magistrate’s Order (third conviction or commits assault or stalking);
* Theft/Criminal Mischief of $20,000 or more
* Kidnapping
* Stalking with prior conviction
* Intoxication assault
* DWI (third offense)
* Violating a protective order or magistrateʼs order

Fourth Degree Felony

A Fourth Degree felony is punishable by 180 days to 2 years in state jail and you may be required to pay a fine of up to $10,000.00. In some cases the court will require you to serve the same punishment as a Class A misdemeanor.

Examples of Fourth Degree felonies are:

* Criminally negligent homicide
* Criminal nonsupport
* Burglary of a nonresidential building
* Theft or criminal mischief of $1500.00 or less
* Forgery or a check or credit card
* Criminal mischief to a habitation with a firearm or explosive weapon

J. Cole Brooks CRIMINAL DEFENSE LAW, Criminal Law FAQ's