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 from Attorneys
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.
Related Questions & Answers
Possession of Controlled Substance vs Drug Paraphernailia My sister's house was... Asked 9/15/04, 5:28 pm in United States Texas Criminal Law
State Jail My son is in state jail and its his first time to serve any time. He was... Asked 9/12/04, 8:58 am in United States Texas Criminal Law
Statue of limitations What is the statue of limitations on aggravated assault... Asked 9/07/04, 5:32 pm in United States Texas Criminal Law
Statuate of Limitions on Child Molestation? My daughter was molested by a family... Asked 9/06/04, 10:14 pm in United States Texas Criminal Law
Sex-laws regarding children is it legal for a 26 year old man to touch a 13 year old... Asked 9/04/04, 12:27 am in United States Texas Criminal Law