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Crimes and Punishment

Each crime is tied to a specific punishment, set forth by Chapter 12 of the Texas Penal Code. The punishment ranges for all Class B Misdemeanors and above have jail time and or a fine depending on their class but probation is possible for all but the most severe felonies depending on eligibility.

We’ve put together the most common crimes and punishments we see in our day-to-day along with what they are classified as in the following table.

Charge Class Range  of  Punishment
Possession of Marijuana (< 2 oz.) Class B Misdemeanor Up to 180 days jail; up to $2,000 fine
Possession of Marijuana (2-4 oz.) Class A Misdemeanor Up to 1 year jail; up to $4,000 fine
DWI (First) Class B Misdemeanor Up to 180 days jail; up to $2,000 fine
DWI (Second) Class A Misdemeanor Up to 1 year jail; up to $4,000 fine
DWI (Third) 3rd Degree Felony 2-10 years prison; up to $10,000 fine
Intoxication Assault 3rd Degree Felony 2-10 years prison; up to $10,000 fine
Intoxication Manslaughter 2nd Degree Felony 2-20 years prison; up to $10,000 fine
Theft (Under $100) Class C Misdemeanor Up to $500 fine
Theft ($100-$750) Class B Misdemeanor Up to 180 days jail; up to $2,000 fine
Theft ($750-$2,500) Class A Misdemeanor Up to 1 year jail; up to $4,000 fine
Theft ($2,500-$30,000) State Jail Felony 180 days-2 years state jail; up to $10,000 fine
Criminal Trespass Class B Misdemeanor (usually) Up to 180 days jail; up to $2,000 fine
Assault Class A Misdemeanor Up to 1 year jail; up to $4,000 fine
Aggravated Assault 2nd Degree Felony 2-20 years prison; up to $10,000 fine
Assault-Family Violence 3rd Degree Felony 2-10 years prison; up to $10,000 fine
Aggravated Assault with a Deadly Weapon 1st Degree Felony 5-99 years prison; up to $10,000 fine
Sexual Assault of a Child 2nd Degree Felony 2-20 years prison; up to $10,000 fine
Aggravated Sexual Assault of a Child 1st Degree Felony 5-99 years prison; up to $10,000 fine
Arson 2nd Degree Felony 2-20 years prison; up to $10,000 fine
Arson (Of Habitation or Church) 1st Degree Felony 5-99 years prison; up to $10,000 fine
Sexual Assault 2nd Degree Felony 2-20 years prison; up to $10,000 fine
Robbery 2nd Degree Felony 2-20 years prison; up to $10,000 fine
Aggravated Robbery 1st Degree Felony 5-99 years prison; up to $10,000 fine
Kidnapping 3rd Degree Felony 2-10 years prison; up to $10,000 fine
Aggravated Kidnapping 1st Degree Felony 5-99 years prison; up to $10,000 fine
Burglary of a Habitation 2nd Degree Felony 2-20 years prison; up to $10,000 fine
Burglary (other than Habitation) State Jail Felony 180 days-2 years state jail; up to $10,000 fine