The state of Texas has certain laws which in the majority of cases are enforced by local governments such as a city or county. Local government can arrest, charge, try, and convict. A city policeman or county sheriff may arrest you and from there a local district attorney or someone with similar authority will decide on what to charge you. If charged with a state crime, you may well be arraigned before a state district court.
To effectively defend yourself when facing a state criminal charge, you need a defense lawyer who is admitted to the appropriate court and well-versed in the laws of the state.
Attorney George R. Milner III has nearly 30 years of experience protecting defendants in Texas courts. His notably successful track record has made him one of the most trusted defense attorneys in Dallas and beyond.
What Are State Crimes In Texas?
The following offenses are considered state crimes in Texas (unless they involve federal jurisdiction):
- Arson
- Assault
- Domestic violence
- Driving while intoxicated (DWI or DUI)
- Drug trafficking
- Homicide
- Kidnapping
- Manslaughter
- Minors using alcohol (underage drinking)
- Murder
- Prostitution
- Rape
- Reckless driving
- Resisting arrest
- Robbery
- Sexual assault
- Trespassing
- White collar violations.
What Are The Types Of Texas State Crimes And Their Penalties?
Depending on the nature and severity of the crime, a criminal offense in Texas can either be an infraction, a misdemeanor, or a felony. They are penalized accordingly.
Infractions
These are the least serious type of crime. Examples are being a public nuisance, minor traffic violations, and jaywalking. They are normally punishable with just a fine, some community service, and sometimes, a short education course.
We mention these crimes for completeness in our explanation of Texas criminal law. Infractions are typically handled by county courts, Justice of the Peace courts, or municipal courts. Mr. Milner has experience with all of them. Let’s return to state crimes.
Misdemeanor
When a criminal offense is serious enough to call for an arrest but not enough to merit a lengthy jail time, it may be considered a misdemeanor. Some examples are first-offense DWI, drug possession, shoplifting, harassment, and simple assault. These are subcategorized into Class A, Class B, and Class C misdemeanors, depending on the severity. Typical punishments for a Texas misdemeanor are jail time of up to one year, probation, fines, and community service. Most misdemeanors are tried at the county court level or below.
Felony
The most serious criminal offenses are categorized as felonies. This type includes aggravated assault, murder, high-value theft, and deadly conduct with a firearm.
Felonies are further categorized into various degrees. The least severe, called state jail felonies, may result in a jail sentence as short as 180 days. This is followed by third degree, second degree, and first degree felonies (in increasing order of severity) – all of which may involve a prison sentence and fines. The most severe are called capital felonies, punishable by either a life sentence or execution, namely, the death penalty. These cases are handled at the state district court level, perhaps at one of the 13 designated criminal district courts.
What To Do If You Are Charged With A State Crime
As soon as you learn about your criminal charge, it is crucial that you contact a criminal defense attorney. Cases in Dallas County and most other jurisdictions usually take time to move forward due to delays at the courthouse, but this doesn’t mean the case against you is diminishing. In fact, the state could use this as a chance to investigate further, as they have the “burden of proof” or the duty to prove the charges against you.
Having a defense lawyer early on helps you safeguard your rights and avoid costly mistakes such as giving statements or signing documents without legal know-how. More importantly, your attorney should be experienced and sharp enough to navigate the Texas justice system, finding the best ways to protect your freedom.
Call George R. Milner III
Attorney George R. Milner III has been practicing Criminal Defense in Texas since 1992. He has handled hundreds of cases, many of them resulting in Not Guilty verdicts, reduced sentences, and dismissals.
