Classifying Criminal Offenses in Texas
Overview
Classifying Criminal Offenses in Texas
Learning Objective
By the end of this section, you will be able to:
- Understand how Texas classifies criminal offenses
Introduction
The vast majority of crimes are prosecuted at the state level. In every state, crimes are put into distinct categories. The categories are usually “felony,” and “misdemeanor." Decisions on crime classification are made by state legislators; the determination focuses on the seriousness of the crime. This section discusses the classification Texas uses.
Classification of Criminal Offenses in Texas
There are two types of crimes in Texas: misdemeanors and felonies.
Misdemeanors are considered minor crimes, and felonies are defined as major crimes. Misdemeanors and felonies are in turn classified according to the relative seriousness of the offense into three and five categories, respectively.
Offense | Punishment | Court of Original Jurisdiction |
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; the murder of someone under the age of 10 | Life without parole or death penalty | District |
First-degree felony Examples: Murder; theft of property worth over $200,000 | 5-99 years in prison, and a possible maximum fine of $10,000 | District |
Second-degree felony Examples: Manslaughter; theft of property worth between $100,000-200,000 | 2-20 years in prison, and a possible maximum fine of $10,000 | District |
Third-degree felony Examples: Impersonating someone online; theft of property worth $20,000-100,000 | 2-10 years in prison, and a possible maximum fine of $10,000 | District |
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, and a possible maximum fine of $10,000 | District |
Class A Misdemeanor Examples: Resisting arrests; theft of property worth $500-1,500 | maximum of 1 year in jail, and/or a maximum fine of $4,000 | County |
Class B Misdemeanor Examples: Terroristic threat; theft of property worth $20-500 | maximum of 180 days in jail, and/or a maximum fine of $2,000 | County |
Class C Misdemeanor Examples: theft of property worth less than $20; a person under the age of 21 purchases, attempts to purchase, or in possession of alcohol | maximum fine $500 | Justice of the Peace or Municipal |
Table 12.1 Classifications of Criminal Oﬀenses in Texas, from Most Serious to Least Serious
References and Further Reading
"Huntsville Prison Blues". National Public Radio. All Things Considered. September 10, 2001. Retrieved on
December 2, 2009.
Texas State Law Library. Texas Constitution. Accessed October 11, 2019.
Texas Department of Criminal Justice (2019). Texas Board of Criminal Justice. Accessed September 10, 2019.
Texas Constitution and Statutes: Texas Penal Code. Accessed September 9, 2019.
Licensing and Attribution
CC LICENSED CONTENT, ORIGINAL
Sources of Law. Authored by: Kris S. Seago. License: CC BY: Attribution
CC LICENSED CONTENT, ORIGINAL
Criminal Law Penalties: Revision and Adaptation. Authored by: Kris S. Seago. License: CC BY: Attribution