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Category: Felony Charges

WHAT IS CRIMINAL MISCHIEF IN TEXAS? The Texas law against criminal mischief prohibits intentionally or knowingly, without effective consent: (1) damaging or destroying another’s property; (2) tampering with property and causing pecuniary loss or substantial inconvenience; or (3) marking, painting, drawing on, or otherwise “tagging” another’s property. WHAT IS THE...

WHAT IS DRIVING WHILE INTOXICATED (“DWI”) IN TEXAS? The Texas law against driving while intoxicated, or “DWI,” prohibits operating a motor vehicle in a public place while intoxicated. What is the legal limit for DWI in Texas? Texas Penal Code Section Section 49.01 defines “intoxication” in two ways: (1) a...

WHAT IS POSSESSION OF MARIHUANA IN TEXAS? The Texas law against possession of marihuana prohibits having care, custody, control, or management of marihuana (or marijuana) in any usable amount. What is the definition of marihuana or marijuana in Texas? Texas Health and Safety Code Section 482.002 defines “marihuana” as the...

WHAT IS BURGLARY IN TEXAS? The Texas law against burglary prohibits entering a home or building with the intent to commit theft, assault, or any felony offense, regardless of whether the person attempts or fails to successfully commit the offense. Burglary may also be committed by legally entering but remaining...

WHAT IS THEFT IN TEXAS? The Texas law against theft prohibits unlawfully appropriating property with intent to deprive the owner of the property. Theft in Texas describes several crimes beyond just stealing another’s property, including receiving stolen property, shoplifting, embezzlement, theft by false pretext, extortion, receiving or concealing embezzled property,...

WHAT IS DRIVING WHILE INTOXICATED WITH CHILD PASSENGER (“DWI W/ CHILD”) IN TEXAS? The Texas law against driving while intoxicated with a child passenger, commonly abbreviated as “DWI w/ Child,” prohibits driving while intoxicated with a passenger under 15 years of age in the vehicle. What is the legal limit...

WHAT IS RACING ON HIGHWAY IN TEXAS? The Texas law against racing on a highway prohibits participating in a race, a vehicle speed competition or contest, a drag race or acceleration contest, or attempting to make a speed record in connection with a drag race. What is a drag race?...

WHAT IS SECURITIES FRAUD IN TEXAS? The Texas law against securities fraud prohibits the use of fraud or fraudulent practices in connection with the sale or offer of securities. What is a security? Texas Government Code Section 4001.068 explains the term “security” includes: a limited partner interest in a limited...

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WHAT IS POSSESSION OR TRANSPORT OF CERTAIN CHEMICALS WITH INTENT TO MANUFACTURE CONTROLLED SUBSTANCE IN TEXAS? The Texas law against possession or transport of certain chemicals with intent to manufacture a controlled substance prohibits transporting or otherwise having care, custody, control, or management of a chemical precursor or immediate precursor...

Your Legal Roadmap: Answering Your Questions

Question 1

What is Drug Possession and Trafficking in Texas?

A person commits an offense if the person knowingly causes, enables, encourages, recruits, or solicits another person to become a member of a criminal street gang which, as a condition of initiation, admission, membership, or continued membership, requires the commission of any conduct which constitutes an offense punishable as a Class A misdemeanor or a felony. Read more.
Question 2

Is Burglary a felony in Texas?

The Texas law against burglary prohibits entering a home or building with the intent to commit theft, assault, or any felony offense, regardless of whether the person attempts or fails to successfully commit the offense. Burglary may also be committed by legally entering but remaining concealed in a home or building, with the intent to commit theft, assault, or any other felony. Read more.
Question 3

What are the penalties for Aggravated Assault in Texas?

Aggravated sexual assault is a first degree felony, punishable by five to 99 years or life in prison. The minimum prison sentence is increased from five to 25 years if... Read more.
Question 4

Is DWI a Felony in Texas?

Texas Penal Code Section Section 49.01 defines “intoxication” in two ways: (1) a blood alcohol concentration (“BAC”) of 0.08 or more; or (2) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.The subjective definition, or one’s loss of normal use of mental or physical faculties, does not require proof that a person’s blood alcohol concentration was above 0.08. Read more.
Question 5

Is Marijuana Possession a Felony in Texas?

Texas Health and Safety Code Chapter 487, known as the Texas Compassionate-Use Act, provides the licensing requirements to obtain medical marijuana.Texas Health and Safety Code Section 481.111 also contains an exemption for a person accused of manufacturing, delivering, or possessing with intent to deliver tetrahydrocannabinols or their derivatives if the person is participating in or manufacturing the tetrahydrocannabinols for use in a federally approved therapeutic research program. Read more.
Question 6

What is the penalty for DUI with a child passenger under 15 in Texas?

Driving while intoxicated with a child passenger in Texas is classified as a state jail felony, which carries a possible penalty of 180 days to two years in a state jail facility. Read more.
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