How to Understand Criminal Charges in Texas

Understanding criminal charges is very important. Knowing what you can expect can make all the difference when you, yourself, or someone you know is being charged. The criminal process can be daunting, even for novices. Laws are strict, and the consequences can be severe. Whether you are charged for something small or serious, each situation has its own process.

Furthermore, Texas also groups the crimes under two general classifications: misdemeanors and felonies. Both have different consequences. After the arrest, different processes follow until the case is over. Different considerations by the courts decide the punishment.

This is where professional legal advice becomes pertinent. A lawyer can determine your options and fight for the best possible outcome.

Understanding Criminal Charges in Texas

Therefore, understanding criminal charges in Texas can be confusing. This guide will help you learn the basics.

1. How a Criminal Defense Attorney Can Help

Facing criminal charges is daunting, but you don't have to deal with this by yourself. A San Antonio Criminal Defense Attorney can legally guide and assist you through the experience.

One of the lawyer's primary functions is explaining the charges. Most people don't know the nature of the accusations against them, not to mention the implications of their actions. A lawyer can explain them using everyday terms.

An attorney also formulates a defense. This includes the collection of evidence, witness interviews, and finding the best possible challenge for the prosecutor's case. In some cases, the attorney can secure reduced charges or even dismissal.

If the case goes to trial, the defense attorney represents the accused. They make their client's argument, challenge the prosecutor's evidence by cross-examining witnesses, and advocate for the best possible outcome, whether this is the acquittal, reduced sentencing, or some non-carceral punishment like probation.

2. The Difference Between Misdemeanors and Felonies

Crimes in Texas can either be misdemeanors or felonies. Both differ by the severity level of the offense and the punishment given.

Misdemeanors are less serious crimes. They generally involve probation, fines, or short jail terms. Examples include theft of less than $2,500, disorderly conduct, or operating under suspension. Misdemeanors can also involve significant consequences, including losing some rights or enhanced penalties for repeated offenses.

Felonies are much worse. These can involve serious violence, for instance, assault, robbery, or even homicide. Felonies can result in many years of jail and significant fines. In the worst possible scenario, the punishment for a felony is the death penalty or even jail for the remainder of one's life. A felony can also restrict opportunities for the future, including work, housing, or the ability to vote.

Knowing the difference is crucial. A misdemeanor has the potential for lasting impact, but a felony can destroy one's life. Understanding the offense's classification is the start of navigating criminal charges in Texas.

3. What Happens After an Arrest in Texas?

After an arrest has taken place, the formal process is initiated. This can be overwhelming, but being informed can make the situation less complicated. Booking is where the process begins. This is where the police fingerprint the person, collect their data and enter the charge into the computer. After the booking, the person is held until their arraignment.

At the arraignment, the suspect is seen by the judge. The judge reads the charges and asks the suspect to plead one of the following: not guilty, guilty, or no contest. If the suspect pleads guilty, the case can immediately go to sentencing. If the suspect pleads not guilty, the process continues through hearings and the likelihood of a trial.

Bail is also provided under some circumstances where the accused is released until the day of the trial. The judge will determine the amount of the bail on the crime's severity and the individual's history. If granted, the accused pays some amount for their release. If not granted, the accused is held until the day of the trial.

In the pre-trial stage, the parties collect evidence, interview witnesses, and prepare their cases. In some cases, plea bargains are made to settle the matter short of trial. If not, the matter proceeds to trial, where the judge or the jury will decide.

4. Possible Punishments for Criminal Charges

The punishment for the crime differs by the severity. Texas has stringent legislation, and the punishment can also be rigorous.

For misdemeanors, the penalties can range from probation, fines, and community service. Sometimes, the person will also serve jail time, generally the county jail. How much jail time depends upon the type of misdemeanor. Class A misdemeanors are the highest level, and Class C is typically only punished by fines.

Felonies come with much harsher penalties. Prison sentences can range from several years to life, contingent upon the offense. A capital felony like murder can even incur the death penalty. Fines can run to thousands; some felonies incur lasting penalties, including losing the right to bear arms or the right to vote.

Judges also pass judgments for punishment for many considerations. One's criminal history, the type of offense, and whether an injury occurred can all determine the punishment.  Some cases allow for probation instead of jail time, especially for first-time offenders.

Final Thoughts

Understanding criminal charges is essential for individuals caught up in the Texas legal system. Misdemeanors versus felonies determine the punishment. Understanding the consequences of being arrested can prepare you for the experience. Depending on the offense, punishments can range from fines to being sent to jail for the remainder of your life.

One of the things you need to bear in mind is the need for legal support. A San Antonio attorney can guide you through the process, protect your rights, and advocate for the best possible outcome. Whether you are accused of something minor or serious, sound defense can make all the difference.