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The Texas Legislature designates criminal offenses
in our state's Penal Code as felonies or misdemeanors.
Based on the relative seriousness of the offense, felonies and
misdemeanors are classified into the categories shown in the
charts below. |
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Felony and misdemeanor drug offenses are
classified in the
Texas Health and Safety Code based on
factors including:
(1) the type and amount of
drug; and
(2) whether the defendant manufactured, delivered,
or possessed the drug.
Increased punishments are
provided for certain drug offenses
occurring in drug free zones. |
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FELONIES ________
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| CATEGORY |
PUNISHMENT |
EXAMPLE(S) |
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| Capital |
Death or life in prison |
Capital Murder |
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First Degree |
5 to 99 years or life in prison; may also be fined up to
$10,000 |
Murder; Aggravated Sexual Assault; Aggravated Kidnapping;
Aggravated Robbery; Arson (causes bodily injury or death);
Burglary of a Habitation (intent to commit felony other
than felony theft); Theft of $200,000 or more |
| Second Degree |
2 to
20 years in prison; may also be fined up to $10,000 |
Manslaughter; Indecency with a Child (by
contact); Sexual Assault; Robbery; Aggravated Assault;
Arson; Burglary of a Habitation; Theft/Criminal Mischief
of $100,000 or more |
| Third Degree |
2 to
10 years in prison; may also be fined up to $10,000 |
Intoxication Assault; Kidnapping; Stalking
(second conviction); DWI (third conviction);
Theft/Criminal Mischief of $20,000 or more |
| State Jail (Fourth Degree) |
Not
more than 2 years or less than 180 days in state jail; may
also be fined up to $10,000 |
Criminally Negligent Homicide; Burglary of a
Building; Violating Protective Order (third conviction);
Criminal Nonsupport; Theft/Criminal Mischief of $1,500 or
more; Forgery (check) |
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MISDEMEANORS
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| CATEGORY |
PUNISHMENT |
EXAMPLE(S) |
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| Class A |
Up to
1 year in county jail and/or a fine up to $4,000 |
Assault (causes bodily injury); Stalking (first
conviction); Violating Protective Order (first
conviction); Criminal Trespass (habitation); Burglary of a
Vehicle; DWI (second conviction); Theft/Criminal Mischief
of $500 or more |
| Class B |
Up to
180 days in county jail and/or a fine up to $2,000 |
Terroristic Threat; Indecent Exposure; DWI (first
conviction)); Theft of Property of $50 or more |
| Class C |
Fine only not to exceed $500 |
Assault (threatens bodily injury or causes
offensive or provocative contact); Theft of Property less
than $50 |
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9 S.E. 5th
Perryton, Texas 79070
(806) 435-8035
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