Common Criminal Law Definitions

​Misdemeanor: An offense punishable by fine, jail for up to 1 year or both. Misdemeanors are categorized as “classes” based on the crime. Under Texas Law:

• Class C.  No jail time; fine up to $500

• Class B.  Jail up to 180 days; fine up to $2,000 or both jail and fine

• Class A.  Jail up to 1 year; fine up to $4,000 or both jail and fine

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Felony: Felonies are more serious crimes.  A felony has various “degrees” based on the crime. Under Texas Law:

• State Jail Felony is punishable between 180 days and 2 years in State Jail and a fine up to $2,000 

• Third Degree felony is punishable between 2 years and 10 years in prison and a fine up to $10,000

• Second Degree felony is punishable between 2 years and 20 years in prison and a fine up to $10,000 

• First Degree felony is punishable between 5 years and 99 years or life in prison and a fine up to $10,000

• Capital felony is punishable by life without parole or execution.

 

White-Collar Crime: Typically non-violent crime committed by business and government professionals.  White-collar crime involves fraud, theft, and/or embezzlement from a business organization.  The severity of the offense depends on the amount of money in question.
 

DWI: A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.  In Texas, a Blood Alcohol Concentration of 0.08 or more is considered "intoxicated."
 

Assault: An offense which causes or threatens another with bodily injury or imminent bodily injury.

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Expunctions: In certain situations, you may be eligible to have the records of an arrest expunged (or destroyed) so you can legally deny the existence of the arrest in most situations.  An expunction can become invaluable as you try to overcome a mistake.

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Orders of Non-Disclosure: In some situations, you may not be eligible for an expunction, but you still may qualify for an Order of Non-Disclosure.  Records that fall under an Order of Non-Disclosure cannot be viewed by the public, but can still be used by law enforcement and governmental agencies.  A person whose criminal history has been sealed by an Order of Non-Disclosure is not required to mention, in any application for employment, information, or licensing with the state, that the person has been the subject of any criminal proceeding that is subject to the order.  An Order of Non-disclosure can be quite a benefit as you move forward and try to recover from a past mistake.

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Courts-Martial: If you serve in the armed forces, a courts-martial is the process used to determine guilt (and if found guilty, punishment).  Courts-Martial are very similar to civilian criminal justice in that the government must bring a formal accusation against a military member and has the burden of proving those allegations.  It is different from a civilian trial in that typically courts-martial are comprised of a panel of military members to decide guilt instead of a jury of peers.