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)
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► Other answers from this attorney