Crimes and Punishment
Each crime is tied to a specific punishment, set forth by Chapter 12 of the Texas Penal Code. The punishment ranges for all Class B Misdemeanors and above have jail time and or a fine depending on their class but probation is possible for all but the most severe felonies depending on eligibility.
We’ve put together the most common crimes and punishments we see in our day-to-day along with what they are classified as in the following table.
| Charge | Class | Range of Punishment |
|---|---|---|
| Possession of Marijuana (< 2 oz.) | Class B Misdemeanor | Up to 180 days jail; up to $2,000 fine |
| Possession of Marijuana (2-4 oz.) | Class A Misdemeanor | Up to 1 year jail; up to $4,000 fine |
| DWI (First) | Class B Misdemeanor | Up to 180 days jail; up to $2,000 fine |
| DWI (Second) | Class A Misdemeanor | Up to 1 year jail; up to $4,000 fine |
| DWI (Third) | 3rd Degree Felony | 2-10 years prison; up to $10,000 fine |
| Intoxication Assault | 3rd Degree Felony | 2-10 years prison; up to $10,000 fine |
| Intoxication Manslaughter | 2nd Degree Felony | 2-20 years prison; up to $10,000 fine |
| Theft (Under $100) | Class C Misdemeanor | Up to $500 fine |
| Theft ($100-$750) | Class B Misdemeanor | Up to 180 days jail; up to $2,000 fine |
| Theft ($750-$2,500) | Class A Misdemeanor | Up to 1 year jail; up to $4,000 fine |
| Theft ($2,500-$30,000) | State Jail Felony | 180 days-2 years state jail; up to $10,000 fine |
| Criminal Trespass | Class B Misdemeanor (usually) | Up to 180 days jail; up to $2,000 fine |
| Assault | Class A Misdemeanor | Up to 1 year jail; up to $4,000 fine |
| Aggravated Assault | 2nd Degree Felony | 2-20 years prison; up to $10,000 fine |
| Assault-Family Violence | 3rd Degree Felony | 2-10 years prison; up to $10,000 fine |
| Aggravated Assault with a Deadly Weapon | 1st Degree Felony | 5-99 years prison; up to $10,000 fine |
| Sexual Assault of a Child | 2nd Degree Felony | 2-20 years prison; up to $10,000 fine |
| Aggravated Sexual Assault of a Child | 1st Degree Felony | 5-99 years prison; up to $10,000 fine |
| Arson | 2nd Degree Felony | 2-20 years prison; up to $10,000 fine |
| Arson (Of Habitation or Church) | 1st Degree Felony | 5-99 years prison; up to $10,000 fine |
| Sexual Assault | 2nd Degree Felony | 2-20 years prison; up to $10,000 fine |
| Robbery | 2nd Degree Felony | 2-20 years prison; up to $10,000 fine |
| Aggravated Robbery | 1st Degree Felony | 5-99 years prison; up to $10,000 fine |
| Kidnapping | 3rd Degree Felony | 2-10 years prison; up to $10,000 fine |
| Aggravated Kidnapping | 1st Degree Felony | 5-99 years prison; up to $10,000 fine |
| Burglary of a Habitation | 2nd Degree Felony | 2-20 years prison; up to $10,000 fine |
| Burglary (other than Habitation) | State Jail Felony | 180 days-2 years state jail; up to $10,000 fine |
Written by: Rosenthal Kalabus & Therrian
Last Updated : August 11, 2023