If you’ve been charged with a crime in Texas, it’s important to understand how that crime will be classified. The classification of a crime will determine the maximum possible punishment if you are convicted. It will also affect your eligibility for bail, as well as the amount.
In this blog post, we will be looking at how Texas classifies crimes from misdemeanors (lesser offenses) to felonies (serious). Some of these may not come with jail time, while others are severe in punishment, up to and including the death penalty. Let’s get to it.
Crime Classifications in Texas
In Texas, there are 8 different classifications for felonies and misdemeanors. They are as follows:
- Class C misdemeanors (the least serious): Punishable by a fine of up to $500
- Class B misdemeanors: Punishable by up to 180 days in jail and/or a fine of up to $2,000
- Class A misdemeanors: Punishable by up to 1 year in jail and/or a fine of up to $4,000
- State jail felonies: Punishable by 180 days to 2 years in state jail and/or a fine of up to $10,000
- Third-degree felonies: Punishable by 2 to 10 years in prison and/or a fine of up to $10,000
- Second-degree felonies: Punishable by 2 to 20 years in prison and/or a fine of up to $10,000
- First-degree felonies: Punishable by 5 to 99 years or life in prison and/or a fine of up to $10,000
- Capital felonies (the most serious): Punishable by death or life imprisonment without parole
How Crimes Are Classified in Texas
In Texas, the classification of a crime is determined by the legislature when the law is enacted. The legislature will consider the seriousness of the offense and the criminal history of the offender when making its determination.
For example, possessing two ounces or less of marijuana is classified as a Class B misdemeanor. However, if an offender has two or more prior convictions for possession of marijuana, the offense is classified as a state jail felony.
The punishment for a particular offense may also be enhanced based on certain factors. For example, if an offense is committed against a police officer or firefighter, the punishment may be increased. Additionally, if an offense is committed using a deadly weapon, the punishment may be increased.
How Crime Classification Affects Bail in Texas
As stated above, a misdemeanor is a crime punishable by up to a year in county jail, while a felony is a crime punishable by more than one year in state prison. Bail for misdemeanors is typically set at a lower amount than bail for felonies since the punishment for misdemeanors is less severe.
However, bail amounts also depend on the specific offense, the defendant’s criminal history, and whether the defendant is deemed to be a flight risk. In general, defendants who are considered a flight risk or have a history of violence are likely to have higher bail amounts set. Bail also might be denied or set at a high amount if there’s an immediate history of domestic violence that might cause concern for the victim’s well-being.
Understanding Crime Classifications Is Important If You Are Caught in the Criminal Justice System
As you can see, determining the seriousness of the offense can depend on multiple factors. If you’ve been charged with a crime in Texas, it’s important to understand how that crime will be classified, and it’s especially important when it comes to understanding how it affects your ability to receive bail.
But it should also be noted that being charged with a serious crime is not being convicted of said crime. You are innocent until proven guilty in a court of law. And that means that, under most circumstances, you will have the ability to attain bail.
Cash bail amounts could be cost-prohibitive, but there is still hope when you’re working with the right bondsman or bondswoman. At PCS Bail Bonds, we have more than 30 years in the legal profession. We know the system and can get a bail bond posted quickly in Fort Worth, Mansfield, Arlington, Grand Prairie, Grapevine, Keller, Lake Worth, Lakeside, Newark, Dalworthington Gardens, or any other municipality in all of Tarrant County, Texas. Contact us today if you need assistance, and don’t spend one minute longer in jail than you have to!