Texas Criminal Attorney Blog

By Collin County Criminal Lawyer Troy P. Burleson

If you are charged with a criminal offense in Texas, the prosecutor must produce enough evidence to satisfy the burden of proof required under Texas law and the United States Constitution for all of the elements of the crime which you are charged. If the prosecution does not satisfy the burden of proof for all of the elements of the crime for which you are charges then, by law, a judge or jury cannot find you guilty. The burden of proof is the most discussed aspect of criminal law in most jury trials. A jury trial starts with the voir dire. The voir dire process is when the state and the defense have an opportunity to talk to prospective jurors about legal concepts, including the burden of proof, to determine which potential jurors qualify for service and which ones should be challenged for cause.

Continue reading " Beyond a Reasonable Doubt: The Burden of Proof in a Collin County criminal case " »

By Texas Criminal Defense Lawyer Troy P. Burleson

Class C Misdemeanor Punishment--Texas Penal Code section 12.23

Under Texas Law, a Class C Misdemeanor offense is punishable by:

a) NO Confinement in jail;
b) A fine not to exceed $500.

Community Supervision and a Class C Misdemeanor

A person convicted of a Class C Misdemeanor in Texas MAY be eligable for up to 180 days of deferred disposition instead of a final conviction.

By Texas Criminal Defense Lawyer Troy P. Burleson

Class B Misdemeanor Punishment--Texas Penal Code section 12.22

Under Texas Law, a Class B Misdemeanor offense is punishable by:

a) Confinement for a term not to exceed 180 days in county jail; AND/OR
b) A fine not to exceed $2,000.

Community Supervision and a Class B Misdemeanor

A person convicted of a Class B Misdemeanor in Texas MAY be eligable for community supervision probation instead of county jail time. The maximun term of community supervision for a Class A Misdemeanor is up to 2 years.

By Texas Criminal Defense Lawyer Troy P. Burleson

Class A Misdemeanor Punishment--Texas Penal Code section 12.21

Under Texas Law, a Class A Misdemeanor offense is punishable by:

a) Confinement for a term not to exceed 1 years in county jail; AND/OR
b) A fine not to exceed $4,000.

Community Supervision and a Class A Misdemeanor

A person convicted of a Class A Misdemeanor in Texas MAY be eligable for community supervision probation instead of county jail time. The maximun term of community supervision for a Class A Misdemeanor is up to 2 years.

By Collin County Criminal Attorney Troy P. Burleson

Section 12.34 of the Texas Penal Code sets out the punishment range for a third degree felony in Texas. According to the Texas Penal Code a third degree felony is punishable by:

(a) Confinement in prison for a term of not more than 10 years or less than 2 years; AND
(b) A fine not to exceed $10,000.

Community Supervision and a Third Degree Felony

If a person is eligible for probation, he or she may be place on probation instead of imprisoned for:
a) Up to 10 years of deferred adjudication community supervision; OR
b) From 2 to 10 years of post conviction community supervision; AND
c) Up to 180 days in county jail as a condition of probation.

If a court authorizes community supervision for a person accused of a first degree felony, instead of prison, the generally the court will require the accused to spend up to 180 days in county jail as a condition of being placed on probation. Essentially, the person accused MUST go to county jail for a period of time up to 180 days then will be placed on probation from 2 to 10 years.

By Collin County Criminal Defense Lawyer Troy P. Burleson

According to section 12.35 of the Texas Penal Code a state jail felony is punishable by:

a) Confinement in state jail for a term from 180 days to 2 years; AND
b) An optional fine not to exceed $10,000

Community Supervision for a State Jail Felony

A citizen accused of a first degree felony in Texas MAY be eligible for community supervision probation. If a person is eligible for probation, he or she may be place on probation instead of imprisoned for:
a) Up to 10 years of deferred adjudication community supervision; OR
b) From 2 to 5 years of post conviction community supervision; AND
c) From 90 to 365 days in county jail as a condition of probation (depending on the crime charged).

If a court authorizes community supervision for a person accused of a first degree felony, instead of prison, the generally the court will require the accused to spend up to 180 days in county jail as a condition of being placed on probation. Essentially, the person accused MUST go to county jail for a period of time from 90 to 365 days then will be placed on probation from 2 to 5 years.

By Collin County Criminal Attorney Troy P. Burleson

Texas Penal Code section 12.33 sets out the punishment range for a second degree felony in Texas. According to the Texas Penal Code a second degree felony is punishable by:

(a) Confinement in prison for a term of not more than 20 years or less than 2 years; AND
(b) A fine not to exceed $10,000.

Community Supervision and a Second Degree Felony

If a person is eligible for probation, he or she may be place on probation instead of imprisoned for:
a) Up to 10 years of deferred adjudication community supervision; OR
b) From 2 to 10 years of post conviction community supervision; AND
c) Up to 180 days in county jail as a condition of probation.

If a court authorizes community supervision for a person accused of a first degree felony, instead of prison, the generally the court will require the accused to spend up to 180 days in county jail as a condition of being placed on probation. Essentially, the person accused MUST go to county jail for a period of time up to 180 days then will be placed on probation from 2 to 10 years.

By Collin County Criminal Defense Lawyer Troy P. Burleson

According to the Texas Penal Code section 12.32, a first degree felony is punishable by:

a) Confinement in prison for life or a term from 5 to 99 years in prison; AND
b) An optional fine not to exceed $10,000

Community Supervision for a First Degree Felony

A citizen accused of a first degree felony in Texas MAY be eligible for community supervision probation. If a person is eligible for probation, he or she may be place on probation instead of imprisoned for:
a) Up to 10 years of deferred adjudication community supervision; OR
b) From 5 to 10 years of post conviction community supervision; AND
c) Up to 180 days in county jail as a condition of probation.

If a court authorizes community supervision for a person accused of a first degree felony, instead of prison, the generally the court will require the accused to spend up to 180 days in county jail as a condition of being placed on probation. Essentially, the person accused MUST go to county jail for a period of time up to 180 days then will be placed on probation from 5 to 10 years.

By Collin County Criminal Defense Attorney Troy P. Burleson

In Texas, a Capital Felony is the most severely punished crime. A capital felony is one in which an individual "intentionally or knowingly causes the death of an individual," under special circumstances. In particular, the:

a) murder of a public safety officer or firefighter in the line of duty;
b) murder during the commission of specified felonies (kidnapping, burglary, robbery, aggravated rape, arson);
b) murder for remuneration;
c) multiple murders;
d) murder during prison escape;
e) murder of a correctional officer;
f) murder of a judge;
g) murder by a state prison inmate who is serving a life sentence for any of five offenses; [or]
h) murder of an individual under six years of age.

Under Texas Law, a capital felony is punishable by:

a) Death by lethal injection; OR
b) Life imprisonment.

Texas penal code section 12.31 defines a "capital felony" as:

§ 12.31. CAPITAL FELONY. (a) An individual adjudged
guilty of a capital felony in a case in which the state seeks the
death penalty shall be punished by imprisonment in the
institutional division for life without parole or by death. An
individual adjudged guilty of a capital felony in a case in which
the state does not seek the death penalty shall be punished by
imprisonment in the institutional division for life without parole.
(b) In a capital felony trial in which the state seeks the
death penalty, prospective jurors shall be informed that a sentence
of life imprisonment without parole or death is mandatory on
conviction of a capital felony. In a capital felony trial in which
the state does not seek the death penalty, prospective jurors shall
be informed that the state is not seeking the death penalty and that
a sentence of life imprisonment without parole is mandatory on
conviction of the capital felony.

Added by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, § 2, eff.
Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 652, § 12,
eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 838, § 4, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept.
1, 1994; Acts 2005, 79th Leg., ch. 787, § 1, eff. Sept. 1, 2005.

Community Supervision Eligibility for a Capital Felony
A person convicted of a capital felony is NOT eligible for probation of community supervision.

Collin County Criminal Defense Lawyer, Troy Burleson

Hello, my name is Troy Burleson and I am a partner in the Frisco, Texas criminal defense firm of Biederman & Burleson, PLLC. If you have recently been arrested and accused of a crime, you probably have many questions and concerns. I built this web site to help answer questions from people like you about the criminal laws of Texas, the criminal process and other related topics. I hope you find the information informative.

If you would like more information about your criminal case, or if you would like a free no-obligation consultation, contact my office today toll free at (866) 439-2182.

How Can I help you? If you have been accused of a crime, you need an experience criminal defense attorney who knows how to protect your legal rights and attempt to reinstate your good name. We have helped guide hundreds of clients through successful plea bargain negotiations and trials as criminal defense attorneys. While most lawyers claim to be experienced trial attorneys, few can match our actual trial experience. We have represented clients in over 150 trials. In 2008 alone, we defended clients in over 50 trials. Most “trial” attorneys will not have that many trials in 5 or 10 years. Because of our trial experience, Hunter and I have earned a reputation from judges, prosecutors and other criminal defense attorneys as a tough, skilled trial attorneys. We look forward to meeting with you to discuss how I can help with your case.

“We have dedicated our law practice to providing quality, cost-effective legal representation to people like you who are accused of a committing crimes in Texas. Hunter and I look forward to meeting with you and helping guide you through this trying time in your life."

- Collin County, Texas criminal defense lawyer Troy Burleson

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Our Criminal Defense Law Office handles the following types of cases:

Driving While Intoxicated DWI
Driving Under the Influence DUI
Intoxication Offenses
Drug Possession, Delivery of Distribution
Theft
Assaults
Domestic Violence
Probation Violations
Felony Criminal Defense
Misdemeanor Criminal Defense
Motion for New Trials
Appeals
Expunctions & Non-Disclosures
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and all other surrounding cities.

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