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.

ChargeClassRange  of  Punishment
Possession of Marijuana (< 2 oz.)Class B MisdemeanorUp to 180 days jail; up to $2,000 fine
Possession of Marijuana (2-4 oz.)Class A MisdemeanorUp to 1 year jail; up to $4,000 fine
DWI (First)Class B MisdemeanorUp to 180 days jail; up to $2,000 fine
DWI (Second)Class A MisdemeanorUp to 1 year jail; up to $4,000 fine
DWI (Third)3rd Degree Felony2-10 years prison; up to $10,000 fine
Intoxication Assault3rd Degree Felony2-10 years prison; up to $10,000 fine
Intoxication Manslaughter2nd Degree Felony2-20 years prison; up to $10,000 fine
Theft (Under $100)Class C MisdemeanorUp to $500 fine
Theft ($100-$750)Class B MisdemeanorUp to 180 days jail; up to $2,000 fine
Theft ($750-$2,500)Class A MisdemeanorUp to 1 year jail; up to $4,000 fine
Theft ($2,500-$30,000)State Jail Felony180 days-2 years state jail; up to $10,000 fine
Criminal TrespassClass B Misdemeanor (usually)Up to 180 days jail; up to $2,000 fine
AssaultClass A MisdemeanorUp to 1 year jail; up to $4,000 fine
Aggravated Assault2nd Degree Felony2-20 years prison; up to $10,000 fine
Assault-Family Violence3rd Degree Felony2-10 years prison; up to $10,000 fine
Aggravated Assault with a Deadly Weapon1st Degree Felony5-99 years prison; up to $10,000 fine
Sexual Assault of a Child2nd Degree Felony2-20 years prison; up to $10,000 fine
Aggravated Sexual Assault of a Child1st Degree Felony5-99 years prison; up to $10,000 fine
Arson2nd Degree Felony2-20 years prison; up to $10,000 fine
Arson (Of Habitation or Church)1st Degree Felony5-99 years prison; up to $10,000 fine
Sexual Assault2nd Degree Felony2-20 years prison; up to $10,000 fine
Robbery2nd Degree Felony2-20 years prison; up to $10,000 fine
Aggravated Robbery1st Degree Felony5-99 years prison; up to $10,000 fine
Kidnapping3rd Degree Felony2-10 years prison; up to $10,000 fine
Aggravated Kidnapping1st Degree Felony5-99 years prison; up to $10,000 fine
Burglary of a Habitation2nd Degree Felony2-20 years prison; up to $10,000 fine
Burglary (other than Habitation)State Jail Felony180 days-2 years state jail; up to $10,000 fine