Chapter 9.3: Criminal Law Penalties
Overview
Criminal Law Penalties
Learning Objectives
By the end of this section, students will be able to
- Distinguish the difference between misdemeanors and felonies
- Understand the gradation of criminal penalties in Texas
By the end of this section, you’ll be able to
- Distinguish the difference between misdemeanors and felonies
- Understand the gradation of criminal penalties in Texas
Misdemeanors, Felonies, and Penalties
Misdemeanors, Felonies, and Penalties
There are two types of crime: misdemeanors and felonies. Misdemeanors are considered crimes of a less serious nature, and felonies are defined as serous crimes.[1]
| Offense | Punishment | Court |
| Capital Murder (Capital Felony)– Examples: Murder of a law enforcement official, prison guard, or firefighter on duty; commits murder with other types of felonies; murder for hire; mass murder; murder of someone under the age of 10 | Life or Death Penalty | District Court |
| First degree felony– Examples: Murder; theft of property worth over $200,000 | 5-99 years in prison, maximum fine of $10,000 | District Court |
| Second degree felony– Examples: Manslaughter; theft of property worth between $100,000-200,000 | 2-20 years in prison, maximum fine of $10,000 | District Court |
| Third degree felony– Examples: Impersonating someone online; theft of property worth $20,000-100,000 | 2-10 years in prison, maximum fine of $10,000 | District Court |
| State jail felony– Examples: Possession of 4 ounces to 1lb of marijuana; theft of property worth $15,000-20,000 | 180 days-2 years in prison, maximum fine of $10,000 | District Court |
| Class A Misdemeanor– Examples: Resisting arrests; theft of property worth $500-1,500 | 1 year in prison, maximum fine of $4,000 | County Court |
| Class B Misdemeanor– Examples: Terroristic threat; theft of property worth $20-500 | 180 days in prison, maximum fine of $2,000 | County Court |
| Class C Misdemeanor– Examples: Sexting with someone 17 or younger; theft of property worth less than $20 | Maximum fine $500 | Justice of the Peace or Municipal Courts |
- Texas Penal Code http://www.statutes.legis.state.tx.us/?link=PE
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Reading Review Questions
1. Describe the similarities and differences between a misdemeanor and a felony.
2. Which type of Texas court hears felonies of any kind? What two general punishments could one expect when found guilty of a felony?
3. Put these crimes in order (with 1 being the most serious)
_____ terroristic threat
_____ possession of 8 oz of marijuana
_____ property theft valued at $50,000
_____ murder for hire
_____ sexting with a minor
_____ manslaughter
_____ murder
_____ resisting arrest