Miscellaneous crimes in Texas are classified as misdemeanors or felonies. Regardless the miscellaneous crime and its associated classification as a misdemeanor or felony, you risk a criminal record if convicted. On the other hand, if you already have a criminal record, then you risk becoming a repeat offender. Both consequences are dangerous, and here's why: collateral consequences or enhanced sentencing.
Doug Murphy, a criminal defense specialist located in Houston but representing clients in the greater Houston metropolitan area and throughout Texas, understands the impact a conviction can have on a person. He also understands you just want to get your life back as soon as possible, but getting your life back does not mean pleading guilty at your arraignment hearing or settling for a plea deal before trial. On the contrary, those things lead to the above-mentioned consequences: collateral issues that you must deal with in your day-to-day life and enhanced sentencing if you are ever convicted of a crime again.
To get your life back is the same as fighting the charge. And Doug Murphy is here to fight your miscellaneous crimes charge with the intention to either get it dismissed before trial or to get you acquitted at trial. Contact Doug Murphy to learn more about his approach to criminal defense and why he is one of Houston's best criminal defense attorneys for you if you want to truly get your life back. In the meantime, to learn more about the consequences of a miscellaneous crimes conviction in Texas, the same is provided below.
Collateral Consequences of a Miscellaneous Crimes Conviction in Houston TX
If you have never had a criminal record, then you don't want one. It could mean trouble for you in so many areas of your life even if you do not spend a day in jail. Examples of how these collateral consequences can materialize are provided below.
- You apply for a new job and a background check turns up your criminal record, so the employer passes up your application because you are deemed a liability.
- You apply for or attempt to renew a professional license -- like a pilot's license, medical license, nursing license, CPA license, Series 7 license, teaching license, real estate license -- and must disclose at the same time your criminal record or a specific conviction -- like a DWI or a drug-related conviction -- and upon the knowledge of this criminal conviction, your application is denied or your license is suspended or revoked, depending on the circumstances.
- Your position at work requires you to maintain security clearance but upon arrest and/or conviction of certain crimes -- like a DWI or drug-related crime -- your security clearance is questioned, which can result in suspension or revocation of the clearance, and thus removal from your job.
- You file for custody of your children but your ex-spouse or ex-partner uses your criminal history against you for child custody where your record -- depending on the crime -- can be a reason to have your custody rights or visitation rights limited or denied.
- You enjoy your constitutional rights, but if convicted of a felony, you can lose the right to vote and lose the right to own and use a firearm and getting those rights back can be very difficult if even possible.
Sentence Enhancement for a Miscellaneous Crimes Conviction in Houston TX
Jail, fines, community service, probation -- these are some of the penalties you could face from a conviction of a miscellaneous crime in Texas, like:
These and other miscellaneous crimes can result in either misdemeanor or felony charges. Punishment for a conviction depends on the classification of the misdemeanor or felony, but if you have a criminal record already, depending what it is, you could be facing harsher penalties than those allotted to the classification.
"Normal" Penalty Range by Classification
Punishment for the following classes of misdemeanors and degrees of felonies, according to Texas Penal Code Ann. §§ 12.03 and 12.04 respectively, are usually within the following parameters:
A conviction of a Class B misdemeanor can result in the following penalties:
- up to 180 days in jail; and/or
- up to $2,000 in fines.
A conviction of a Class A misdemeanor can result in the following penalties:
- up to 365 days (one year) in jail; and/or
- up to $4,000 in fines.
A conviction of a state felony can result in:
- 180 days to two years in a state jail; and/or
- up to $10,000 in fines.
A conviction of a Third Degree felony can result in:
- two to 10 years in prison; and
- up to $10,000 in fines.
A conviction of a Second Degree felony can result in:
- two to 20 years in prison; and
- up to $10,000 in fines.
A conviction of a First Degree felony can result in:
- life imprisonment; or
- five to 99 years in prison; and
- up to $10,000 in fines.
A conviction of a capital felony can result in a death or life-without-parole sentence.
If you are a repeat offender, however, these sentences can be enhanced. Here are a few examples to highlight what this means.
Example 1: Class B Misdemeanor Enhanced due to Prior Conviction
According to Texas Penal Code Ann. § 12.43(b), if the prosecutor proves the elements of a Class B misdemeanor and also shows that you already have a Class A or B misdemeanor or any degree of felony on your record, then a conviction could mean jail time not less than 30 days but not more than 180 days.
This penalty differs from a standard Class B misdemeanor conviction where -- if sentenced to jail -- there is no minimum number of days in jail.
Example 2: Class A Misdemeanor Enhanced due to Prior Conviction
According to Texas Penal Code Ann. § 12.43(a), if the prosecutor proves the elements of a Class A misdemeanor and also shows that you have already been convicted of a Class A misdemeanor or any degree of felony, then a conviction of the current Class A misdemeanor could mean jail time no less than 90 days but no more than one year.
This penalty differs from a standard Class A misdemeanor conviction where -- if sentenced to jail -- there is no minimum to the term imposed, only a maximum of one year.
Contact a Board Certified Criminal Defense Attorney in Houston, TX Today
If you have been charged with a miscellaneous crime and want to fight it, contact Doug Murphy. Doug Murphy believes each and every client deserves a strong defense and the best advice. Contact his office either online or at (713) 229-8333 to set up a free initial consultation.
