Criminal Classifications
Criminal Classifications
As you prepare to fight felony or misdemeanor criminal charges in Houston, it’s important to know the possible penalties if you are convicted. Houston criminal sentences can range from fines and probation to time in the Texas Department of Corrections (TDC) or county jail.
Midence & Skillern is proud to help you understand what you can expect in Houston if you are convicted of a crime. In order to fully understand the possible consequences of being charged with a crime in Houston you should understand the difference between felony and misdemeanor criminal charges, which are defined by the Texas Penal Code.
| Felony | Penalty |
|---|---|
| Capital | Death or life in prison without parole |
| First-degree | 5 to 99 years in TDC and/or a fine of not more than $10,000 |
| Second-degree | 2 to 20 years in TDC and/or a fine of not more than $10,000 |
| Third-degree | 2 to 10 years in TDC and/or a fine of not more than $10,000 |
| State jail | 180 days to 2 years in a state jail and/or a fine of not more than
$10,000 |
A misdemeanor is a less serious criminal offense for which you can be fined up to $4,000 and be sentenced to county jail for up to one year. Misdemeanors include simple assault, theft and DWI (first or second offense).
There are three classes of misdemeanor.
| Misdemeanor | Penalty |
|---|---|
| Class A | Up to 1 year in a county jail and/or a fine of not more than
$4,000 |
| Class B | Up to 180 days in a county jail and/or a fine of not more than
$2,000 |
| Class C | A fine of not more than $500 |
The penal code sets broad sentencing guidelines for each class and degree of criminal charge. Exact sentences are generally up to the judge, with recommendations from the prosecutor and, in certain cases, from the jury. As former prosecutors, the lawyers at Midence & Skillern can walk you through your options and possible sentences for any offense you may be charged with.
Criminal Sentencing in Houston
There are typically three ways to work a criminal case in Houston:
- If the prosecution has a strong case, we may make a plea deal on your behalf, usually for a lesser crime with a sentencing recommendation. For example, your charge might be a second-degree felony, but the prosecutor would agree to drop it to a third-degree felony or even a misdemeanor and seek minimal prison time if you agree to enter a guilty plea to the lesser charge. The judge can accept the deal, or refuse, in which case you can withdraw your guilty plea.
- In cases that go to trial, the jury can make sentencing recommendations, which the judge must follow. You have the right to choose before trial whether you want the jury to decide the punishment if you are convicted. Before jurors decide, we will have a chance to present character witnesses and mitigating evidence on your behalf.
- Or, in the absence of a plea agreement or jury recommendation, the judge may impose sentencing himself. The judge will order a pre-sentence investigation which details your criminal and social history, the facts of the crime and the state’s recommended community supervision plan. We will also have a chance to add comments to the report ahead of time arguing for leniency.
The Texas Code of Criminal Procedure requires that the sentence be handed out in your presence, so the judge will set a sentencing hearing for that purpose.
Will I have to go to jail on my criminal charges?
The sentence for a conviction will depend on your previous record, the details of the case and the judge making the decision. The attorneys at Midence & Skillern will always give you options. Everyone charged with a crime will always have the option of negotiating a deal with the Assistant District Attorney or setting the case for trial. In cases in which the client decides he/she wants to negotiate with the ADA or allow the judge to determine the sentence we will always seek the least possible sentence.
In Houston criminal cases probation may also be an option. Probation, or community supervision, is the suspension of your county jail or Texas prison sentence for a certain period of time while you fulfill certain court ordered conditions. Typically in most probation cases, you will have to report to a community supervision officer on a regular basis, hold a steady job, pay fines and restitution and take part in some sort of community service. Community supervision sentences can run up to two years for misdemeanors and up to 10 years for felonies. If you meet all the conditions, you may be eligible to apply for early release from probation after serving at least one-third of the term.
You may not be eligible for probation or a suspended sentence if your original prison sentence is more than 10 years, if you have previously been convicted of a felony or if you are convicted of a violent offense (i.e. capital murder, indecency with a child or aggravated robbery) known as 3g offenses.
If you are sentenced to time in jail by a Houston criminal court, confinement could be as simple as house arrest or as difficult as a long-term sentence in a medium-security or maximum-security Texas prison. For county jail and state prison sentences, you earn time toward an early release with good behavior. You also can apply for parole after serving at least one-quarter of your sentence on most criminal charges.
Facing a criminal charge in Houston is a very scary and intimidating experience. You don’t have to go through that experience alone. The lawyers at Midence & Skillern, PLLC will make sure you are informed of the legal process every step of the way and we will work with you to make sure you don’t face conviction and sentencing on criminal charges in Texas without a fight.
