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Posted: 3/29/2006 5:09:57 PM EDT
I'm trying to find the legal definition of Class A and Class B misdemeanors according to TX state law.

Thanks
Link Posted: 3/29/2006 5:30:13 PM EDT
Class B is up to 180 days in jail and/or up to a $2,000 fine

Class A is up to 1 yr in jail and/or up to a $4,000 fine
Link Posted: 3/29/2006 5:40:02 PM EDT
Ok, thanks man.

I've just always been curious what constituted a misdemeanor in TX. I have NO understanding of the laws down here... never had any training beyond CHL laws.
Link Posted: 3/29/2006 6:33:16 PM EDT

Originally Posted By nationwide:
I'm trying to find the legal definition of Class A and Class B misdemeanors according to TX state law.

Thanks



SUBCHAPTER B. ORDINARY MISDEMEANOR PUNISHMENTS

§ 12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement.

§ 12.22. CLASS B MISDEMEANOR. An individual adjudged guilty of a Class B misdemeanor shall be punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180 days; or
(3) both such fine and confinement.

§ 12.23. CLASS C MISDEMEANOR. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.
Link Posted: 3/29/2006 6:39:09 PM EDT

Originally Posted By tvc184:

Originally Posted By nationwide:
I'm trying to find the legal definition of Class A and Class B misdemeanors according to TX state law.

Thanks



SUBCHAPTER B. ORDINARY MISDEMEANOR PUNISHMENTS

§ 12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement.

§ 12.22. CLASS B MISDEMEANOR. An individual adjudged guilty of a Class B misdemeanor shall be punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180 days; or
(3) both such fine and confinement.

§ 12.23. CLASS C MISDEMEANOR. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.



Ok, another question for you...

Are all A and B Misdemeanors prosecuted by the State (ie, county DA) or can they be prosecuted by municipalities as well? Adjudicated in a municipal court?
Link Posted: 3/29/2006 7:45:28 PM EDT
felony is generally offense for which penalty could be >1yr
misd is less than 1
there are exceptions but that is more or less the case

definition of class a is just a misd punishable by fine to 4k and 1yr
class b is half that

generally the class c misd are prosecuted by:
city if muni ct
or county (DA or CA) if jp court

jp and muni cts have jurisdiction of class c's and city ordinances
county courts at law (or county courts) have jurisdiction over class a and b misd
Link Posted: 3/29/2006 8:38:29 PM EDT

Originally Posted By nationwide:

Ok, another question for you...

Are all A and B Misdemeanors prosecuted by the State (ie, county DA) or can they be prosecuted by municipalities as well? Adjudicated in a municipal court?



Municipal judges and Justices of the Peace cannot prosecute anything above a C misdemeanor. Those are traffic citations, minor state crimes (fighting in public, public intoxication, theft of less than $50, etc) or a city ordinances.

All B and above must be prosecuted by the state. All B and above must be turned over the the county sheriff for bond. All time served as a result of a B or above must be done in county or state jails/penitentiaries.

Basically, the state or county does anything above a class C misdemeanor. Also in Texas, the misdemeanor and felony courts are different. In some states the superior courts can try any type of offense.
Link Posted: 3/29/2006 10:28:17 PM EDT
[Last Edit: 3/29/2006 10:28:41 PM EDT by hrt4me]
Damn, Nationwide, what'd you do now?!? Did she tell you she was legal?
Link Posted: 3/30/2006 1:48:01 PM EDT
All you ever wanted to know about TEXAS STATUTES
Link Posted: 4/1/2006 4:43:03 PM EDT

Originally Posted By hrt4me:
Damn, Nationwide, what'd you do now?!? Did she tell you she was legal?



As a matter of fact, she did. And I have it on video!

Oh wait... that's NOT the part that got video taped!!!

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