If you’re charged with a crime, it can be difficult to understand the charges and their potential consequences. Criminal charges can be state or federal offenses, and there are varying degree levels to indicate how serious the charges are and the potential sentences they carry if you’re convicted.
Because navigating the criminal justice system is complicated, you have the right to consult an attorney. The decisions you make and what you agree to early on during your case can impact you for many years, so it’s important to remember that you don’t have to face the process alone.
State Crimes vs. Federal Crimes
In the United States, you can be charged with a crime at the federal or state level. If you commit a federal offense, you’ll be charged and prosecuted by the federal government. These typically involve agencies such as the FBI, CIA, DEA, IRS, etc.
Federal crimes may include drug trafficking, kidnapping, mail fraud, counterfeiting, and tax fraud. In some cases, charges may overlap between state and federal jurisdictions.
Still, most criminal cases are state crimes and are tried in state courts. Crimes like robbery, murder, assault, rape, theft, burglary, arson, etc., are typically considered state crimes.
State and federal crimes can carry different sentencing requirements, and they’re tried in different courts. The penalties for federal crimes can be more severe than those for comparable state crimes because of the federal sentencing guidelines.
What Is A Misdemeanor?
State legislatures determine crime classifications and their degrees. In Texas, a misdemeanor is defined as a criminal charge which carries a potential jail sentence of fewer than two years. Misdemeanors can be Class A, Class B, or Class C.
A Class A misdemeanor carries a penalty of up to one year in jail and a fine of up to $4,000. Examples are perjury, assault with bodily injury, animal cruelty, and evading arrest on foot.
A Class B misdemeanor carries a penalty of up to 180 days in jail and a maximum fine of up to $2,000. Examples include DWI, prostitution, harassment, criminal trespass, and possession of marijuana (2 ounces or less).
A Class C misdemeanor is the least serious and carries a maximum $400 fine penalty with no jail time. However, you could be sentenced to probation for these crimes.
Regardless of the penalty you receive, having a misdemeanor on your record can impact your ability to obtain employment, acceptance to certain schools, finding affordable housing, and so on.
What Is A Felony?
A felony is a serious crime that typically involves harming another individual or is a severe property or financial crime. Examples of felonies include rape, arson, murder, and some drug charges.
Felonies are crimes that carry potential sentences of over two years in prison and could even result in the death penalty. In addition, if you committed a federal crime, you could be charged with a felony in both federal and state (or county) courts.
Types Or Degrees Of Felonies
Felonies are classified based on their severity and the potential sentence they may carry upon conviction.
- Capital Felony: These crimes are the most serious in Texas and may result in the death penalty or life in prison. Murder is typically a capital felony.
- First-Degree Felony: This can result in prison sentences of five to 99 years and fines of up to $10,000. It’s possible to receive probation if you’ve never committed a crime before. Examples include aggravated robbery or kidnapping.
- Second-Degree Felony: Punishable by two to twenty years in prison and fines of up to $10,000. Examples include manslaughter, sexual assault, arson, and aggravated assault.
- Third-Degree Felony: This is punishable by up to ten years in prison and fines of up to $10,000. Examples include stalking, burglary, and some drug possession charges.
What Is Drug Trafficking?
Drug trafficking is a serious offense defined as manufacturing, delivering, or possessing an illegal drug with the intent to deliver. In most cases, drug trafficking is a felony charge, though the specific charges may depend on the type of drugs and quantities.
If You’re Facing Criminal Charges, Contact An Experienced Houston Criminal Defense Attorney
Being convicted of a crime can impact the rest of your life, even if you don’t serve jail or prison time. Before making any decisions about your case, speak to an experienced Houston criminal defense attorney for advice.
Contact Vinas & Graham, PLLC today for a confidential consultation to discuss your case. We’ll be by your side every step of the way.
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