Texas  |  Criminal Law

Legal Question

Asked on: 9/20/04, 9:47 am

question on punishment

I have a friend in jail and I was wondering if you could tell me what is the normal punishment for evading arrest(class B mis)resisting arrest (class c mis) and possession of marijuana (class c mis) with prior misdemeanors?(burglary)

1 Answer


Answered on: 9/20/04, 10:13 am by Barrett McKinney

Re: question on punishment

I think you are a bit off on your penalty classifications for the listed offenses.

Evading arrest of detention is Section 38.04 Tex. Penal Code and can be from a Class B misdemeanor up to a second degree felony depending on the facts of the case.

Resisting Arrest is section 38.03 Tex. Penal Code and ranges from a Class A misdemeanor up to a 3rd degree felony if a deadly weapon is used.

Possession of Marijuana is Section 481.121 of the Texas Health and Safety Code and can range from a Class B misdemeanor up to a 1st degree felony depending on the quantity alleged.

Non-enhanced punishment range for Misdemeanors is:

Class A - Up to 1 year in the county jail and up to a $4000 fine.

Class B - Up to 180 days in the county jail and up to a $2000 fine.

Class C - Up to a $500 fine.

A prior burglary conviction with a trip to TDC would certainly affect any offer from the County or District Attorney.


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Law Offices of Barrett J. McKinney, P.C. 3109 N. St. Mary's Street San Antonio, TX 78212

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