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.

Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.

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

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

209 Answers given in the last few hours.

8662 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search