Texas has a unique legal system with specific statutes, procedures, and penalties that differ from other states. Understanding these laws is essential whether individuals are facing criminal charges or pursuing a civil claim.
Texas Criminal Law Overview
The Texas Penal Code classifies criminal offenses into categories based on severity. Understanding these classifications helps individuals understand what they may be facing and the importance of proper legal representation.
Felony Classifications
Capital Felony
The most serious offense in Texas, punishable by life imprisonment without parole or death. Examples include capital murder.
First Degree Felony — Punishment ranges from 5 to 99 years or life in prison, plus fines up to $10,000. Examples include aggravated assault causing serious bodily injury, aggravated robbery, and certain domestic violence offenses.
Second Degree Felony — Punishment ranges from 2 to 20 years in prison, plus fines up to $10,000. Examples include aggravated assault with a deadly weapon and robbery.
Third Degree Felony — Punishment ranges from 2 to 10 years in prison, plus fines up to $10,000. Examples include certain assault offenses against public servants.
State Jail Felony — Punishment ranges from 180 days to 2 years in a state jail facility, plus fines up to $10,000.
Misdemeanor Classifications
Class A Misdemeanor — Up to 1 year in county jail and/or fines up to $4,000. Many assault charges fall into this category.
Class B Misdemeanor — Up to 180 days in county jail and/or fines up to $2,000.
Class C Misdemeanor — Fine only, up to $500. No jail time, but still creates a criminal record.
Expunction & Dismissal Timelines
As of January 2025, Chapter 55 of the Texas Code of Criminal Procedure has been renumbered to Chapter 55A, which governs expunctions (erasing eligible arrest records).
- Waiting periods (no filed charges): 180 days for Class C misdemeanors, 1 year for Class A/B misdemeanors, and 3 years for felonies when no indictment or information is presented arising from the arrest.
- Eligibility highlights: Cases that end in dismissal, acquittal, pardon, or no-bill by a grand jury may qualify; consult the statute for exclusions and procedural steps.
- Effect of expunction: Approved petitions require agencies to delete or return records related to the expunged arrest.
Article 32.01 — Speedy Filing Requirement
- Released on bail: If no indictment or information is filed within 180 days of arrest, a defendant can move to dismiss under Article 32.01.
- Jailed defendants: When a defendant remains in custody, the state must bring formal charges and supporting evidence within 90 days.
- These deadlines aim to prevent defendants from being left in limbo; individuals should consult an attorney to evaluate whether a motion is available in their case.
Texas Personal Injury Law
Texas follows a “modified comparative fault” system for personal injury claims. Understanding this system is crucial for anyone pursuing compensation for injuries.
Key Principles
- Statute of Limitations — Generally 2 years from the date of injury to file a lawsuit
- Comparative Fault — Individuals can recover damages if they are less than 51% at fault
- Damage Caps — Certain non-economic damages may be capped in specific cases
- Workers' Compensation — Texas has unique rules for workplace injuries
Types of Compensable Damages
When individuals are injured due to another’s negligence, Texas law may allow them to recover:
Economic Damages include medical expenses (past and future), lost wages, loss of earning capacity, and property damage.
Non-Economic Damages include pain and suffering, mental anguish, physical impairment, disfigurement, and loss of consortium.
Punitive Damages may be awarded in cases of gross negligence or intentional misconduct, though Texas caps these awards in most cases.
Rights Under Texas Law
Constitutional Protections
Both the U.S. Constitution and Texas Constitution protect individuals' rights throughout legal proceedings. These include the right to remain silent, the right to an attorney, the right to a speedy trial, and protection against unreasonable searches and seizures.
If Individuals Are Accused of a Crime
Individuals have the right to remain silent. They have the right to an attorney, and if they cannot afford one, one will be appointed. They have the right to know the charges against them and to confront witnesses. Understanding and exercising these rights is critical.
If Individuals Have Been Injured
Individuals have the right to seek compensation from those responsible for their injuries. Insurance companies may contact individuals quickly after an accident; they are not required to give recorded statements. Consulting with an attorney before speaking with insurance adjusters protects their interests.