Fort Worth, TX Criminal Classifications
The Law Office Of A. Oliver Hassibi
The Law Office Of A. Oliver Hassibi in Fort Worth, TX defends clients charged with all levels of offenses. In Texas, there are three levels of misdemeanors and five levels of felonies. They each have different ranges of possible punishment.
Misdemeanor and Felony Classifications Include:
- Class C Misdemeanor
Commonly referred to as a fineable misdemeanor (in other words, not jail-able), the punishment range for this misdemeanor involves only a fine from $0-$500. However, if someone does not pay the fine or other costs required, a court can issue a warrant and arrest that person in order to make them serve jail time to satisfy his debt.
- Class B Misdemeanor
This is the lowest level of misdemeanor that involves possible jail time. The range of jail time is 0-180 days (6 months) in a county jail facility. Also, there is a possible fine of up to $2000. A court could impose a fine, jail time, or both.
- Class A Misdemeanor
This is the highest level of misdemeanor. The punishment range is from 0-1 year in a county jail facility and/or up to a $4000. A court can impose a fine, jail time, or both.
- State Jail Felony
This is the lowest form of felony. The punishment range is from 180 days (6 months)-2 years in a state jail facility. There may also be a fine of up to $10,000. State jail facilities are different from county jail facilities and from institutional divisions of the Texas Department of Criminal Justice. In state jail facilities, there is no time off for good behavior and no 2 for 1 credit or any other type of early release. Therefore, the inmate has to serve each day of his sentence “day-for-day”.
- Third Degree Felony
This felony is the lowest form of felony where an individual must serve his time in an institutional division of the Texas Department of Criminal Justice. The range of punishment is 2-10 years. There can also be a fine of up to $10,000. There can be early release where the inmate is placed on parole for the remainder of his prison term.
- Second Degree Felony
This felony is much like a third degree felony, but the range of punishment is increased to 2-20 years in an institutional division of the Texas Department of Criminal Justice. There can also be a fine of up to $10,000.
- First Degree Felony
This felony is the most serious non-death penalty felony, and the range of punishment is from 5-99 years, or life, in an institutional division of the Texas Department of Criminal Justice.
- Capital Felony
This is the most severe level of felony because it is punishable by either life without parole or by death.
12.44(a) and 12.44(b), Texas Penal Code
These two sections of the Texas Penal Code allow for the treatment of a state jail felony as a class A misdemeanor. In section (a), a court may punish an individual guilty of a state jail felony by confining him to a county jail facility rather than a state jail facility. Unfortunately, the person would still have to serve his sentence on a day-for-day basis with no time off for good behavior or additional credit for each day served. In section (b), a court can authorize a state jail felony to not only be punished as a class A. misdemeanor, but also prosecuted as one. Therefore, a conviction under section (b) would result in a misdemeanor conviction, not a felony conviction.
Contact The Law Office Of A. Oliver Hassibi today at 817-332-2222 for defense against Misdemeanor and Felony Classifications charges in Fort Worth, TX.