State Crimes

Misdemeanors and Felonies

The State of Texas prosecutes criminal cases through the Texas Code of Criminal Procedure. Some outlier cases can also be brought through the Texas Family Code and Administrative Code.

Texas Misdemeanor Cases

A misdemeanor is a criminal charge that is under the level of a felony. Cases can range from theft of as little or less than $100 to assault of a family member. Most first-time offenders facing a misdemeanor are unlikely to face any jail time, these individuals should however be concerned about any crime they were charged with to show up on their criminal history. Gary Tabakman’s first concern is to discern with a potential client how their case can impact employment, personal aspirations or their immediate home life.

Classes of Misdemeanor Charges in Texas

Texas has three tiers of misdemeanor charges, called “classes.” These all carry varying degrees of punishments for the defendant.

Class A Misdemeanor: Class A misdemeanors are the most serious of all misdemeanor charges. A conviction on a class A misdemeanor offense will carry a punishment of up to a year in a county jail, and a fine of up to $4,000. Typical class A cases are assault of family members, driving while intoxicated (second) or above a .15 BAC (blood alcohol concentration), and theft above $750 but not more than $2500.

Class B Misdemeanor: Charges at the level of a class B misdemeanor are punishable by up to 180 days in a county jail, and a fine of up to $2,000. Typical class B cases are driving while intoxicated between a .08 and .15 BAC, theft above $100 but less than $750, and public lewdness.

Class C Misdemeanor: Class C misdemeanor charges are the least serious of all misdemeanor charges. There is no jail time involved in a class C misdemeanor, however, it can be met with fines of up to $500 and if ticketed for assaulting a family member, you may be exposed to an affirmative finding of family violence on your background.

Most Common Misdemeanor Cases

  • Driving While Intoxicated (DWI)
  • Assault of a Family Member
  • Simple Assault
  • Prostitution
  • Possession of Marijuana
  • Disorderly Conduct
  • Public Intoxication
  • Theft
  • Criminal Trespass
  • Gambling
  • Passing a Bad Check
  • Criminal Mischief

Conclusion in Misdemeanor Cases

Penalties and conclusions in misdemeanor cases can drastically vary from dismissals of charges to jail time. Much of this depends on the type of charges you are facing, criminal history and the details/severity of the case. Gary always pursues getting charges dismissed, regardless of how complicated the case may be. He is also aware that many of the charges listed above can harbor significant challenges for someone’s future. Thus, he will always inquire about each client’s future to properly advise them about the consequences of how the case might be concluded.

Texas Felony Cases

Navigating felony cases in Texas and punishment ranges can be incredibly challenging. A felony charge is often the most serious event of a person’s life, and Gary provides the best possible representation during this time. Gary has experience in handling complicated felony cases; ranging from high dollar theft cases, sexual assaults of both adults and children, drug possession, possession of child pornography, manslaughter, and murder.

Felony crimes in Texas are broken into varying levels, or “degrees,” based on the seriousness of the offense and the severity of punishment that is acceptable in the case. Most offenses in Texas allow for the possibility of deferred adjudication probation or straight probation sentences; that however is highly depended on the crime you are charged with and effectiveness of your attorney. Here’s a breakdown of the Texas criminal justice system to follow along:

Classes of Felony Cases in Texas

State Jail Felony: Punishment of State Jail of 180 days to 2 years and a fine of not more than $2,000.

Third Degree Felony: Punishment range is 2 to 10 years in prison, with a fine of not more than $10,000.

Second Degree Felony: Punishment range is 2 to 20 years in prison, with a fine of not more than $10,000.

First Degree Felony: Punishment range is 5 to 99 years in prison, with a fine of not more than $10,000.

Capital Felony: Punishment is Life in prison or death.

Most Common Felony Cases

  • Sexual Assault
  • Child Sex Crimes: Indecency with a Child, Online Solicitation, and Aggravated and Continuous cases
  • White Collar Crimes: Environmental and Fraud Cases
  • Criminally Negligent Homicide
  • Possession of a Controlled Substance
  • Burglarizing a Building
  • Homicide/Murder
  • Using a Vehicle to Evade Arrest
  • Unauthorized Use of a Vehicle
  • Theft of Items Valued From $1,500 to $20,000
  • Credit Card Abuse
  • Cruelty to Animals
  • False Alarm or False Report
  • Possessing or Fraudulently Using Someone’s Identifying Information
  • Improper Visual Recording or Photography
  • Interfering with Child Custody