CRIMINAL DEFENSE

Imagine that you’ve seen the flashing red and blue lights of a police squad car, you’ve felt the cold steel of handcuffs clenched around your wrists, pressing deep into your skin, and you’ve been placed in the back of a squad car, and begun the sobering ride to jail.  What do you do now? Since you’ve found your way to this webpage, perhaps you don’t need to imagine…this may be a reality which you’ve recently lived. 

 

The uncertainty of an arrest and the charges that follow are among the most stressful events that a person can undergo. You may be wondering, “will I go to jail,” “will I lose my job,” “will I lose my license,”  and “will I lose my child?” Each of these questions are common to wonder. You need the assistance of an experienced attorney like Mr. Klinck to help navigate these concerns.

 

Make no mistake, if you’re facing criminal charges in the State of Texas, YOUR FREEDOM IS IN JEOPARDY. These threats to your freedom cannot be ignored. In Texas, the range of punishment for offenses varies widely, and is listed below:

 

Class C Misdemeanor

 

Class C misdemeanors in Texas are punishable by a fine of up to $500. There is no jail time for a Class C misdemeanor. Any misdemeanor that is not designated as Class A, B, or C, and has no specified punishment is a Class C misdemeanor.  (Tex. Penal Code Ann. §§ 12.03, 12.23, 12.41 (2019).)

 

Examples of Class C Misdemeanors include public intoxication, traffic tickets and others.

 

Class B Misdemeanor

 

A Class B misdemeanor is punishable by up to 180 days in jail, a fine of as much as $2,000, or both. (Tex. Penal Code Ann. § 12.22 (2019).)

 

Examples of Class C Misdemeanors include a some DWIs, terroristic threat, criminal trespass, possession of marijuana (up to two ounces) and prostitution, among others.

 

Class A Misdemeanor

 

Class A misdemeanors are punishable by up to one year in jail, a fine of up to $4,000, or both jail time and a fine. (Tex. Penal Code Ann. § 12.21 (2019).)

 

 

Examples of Class A Misdemeanors include Burglary of a vehicle, carrying a gun without a permit, assault family violence,  interfering with an emergency call, DWI with a blood alcohol level above a .15,  among others.

 

State Jail Felonies

State Jail Felonies are punishable between 180 days and two years in jail. In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.

Third Degree Felony

A third degree felony shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years, and may be punished by a fine not to exceed $10,000.

Examples of third degree felonies include DWI third offense, intoxication assault, indecent exposure to a child and stalking, among others.

 

Second Degree Felony

A second degree felony shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years and by a fine not to exceed $10,000.

Examples of second degree felonies include arson, robbery indecency with a child by contact, and manslaughter, among others.

 

First Degree Felony

An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years and a fine not to exceed $10,000.

Examples of First Degree Felonies include murder, aggravated robbery, arson of a habitation, and aggravated sexual assault, among others.

 

Capital Felony 

Capital Felonies in which the State seeks the death penalty may be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death.  An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life, if the individual committed the offense when younger than 18 years of age; or life without parole, if the individual committed the offense when 18 years of age or older.

*Some offense may be subject to enhanced penalties.

 

When facing criminal charges in the State of Texas, you can typically expect one of the following outcomes:

 

• Dismissal;
• Deferred Probation;
• Entry into a Pretrial Diversion Program
• Probation;
• Reduced Charges;
• Jailtime; or a
• Jury Trial.

 

Call today for a free case evaluation!