12.2: Criminal Law, Justice, and Offenses

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Criminal law, as distinguished from civil law, is a system of laws concerned with punishment of individuals who commit crimes. Thus, where in a civil case two individuals dispute their rights, a criminal prosecution involves the government deciding whether to punish an individual for either an act or an omission.”¹³ Because criminal law is concerned with actions that are dangerous or harmful to society as a whole, prosecution is pursued not by an individual or business entity (as is typically the case in civil cases, discussed in chapter 8 on the Texas court system) but by the state. The purpose of criminal law is to: (1) provide the specific definition of what constitutes a crime; and (2) prescribe punishments for committing such a crime. No criminal law can be valid unless it includes both of these factors.

Criminal justice is then primarily concerned with the enforcement of criminal law. In Texas, the criminal justice system is a series of government agencies and institutions whose goals are to identify and catch unlawful individuals to inflict a form of punishment on them. The manner in which the state’s criminal justice system, which focuses more on punishment and rehabilitation, operates mirrors the sentiments of most of its residents. Texas political culture favors a swift and stern punishment for offenses against the law, especially in the areas of violent crime. But sometimes, the wheels of justice turn slowly and may even seem to stop for years.

There are two types of criminal offenses: misdemeanors and felonies. A misdemeanor is considered minor crime, and a felony is defined as major, more serious crime. Misdemeanors and felonies are each classified, according to the relative seriousness of the offense, into three and five categories, respectively (Table 12.1).

Offense	Punishment	Court
Capital Murder (Capital Felony) Examples: Murder of a law enforcement official, prison guard, or firefighter on duty; commits murder with other types of felonies; murder for hire; mass murder; murder of someone under the age of ten	Life without parole or death penalty	District Court
First-degree Felony Examples: Murder; theft of property worth over $200,000	Five to ninety-nine years in prison, and possible maximum fine of $10,000	District Court
Second-degree Felony Examples: Manslaughter; theft of property worth between $100,000-200,000	Two to twenty years in prison, and possible maximum fine of $10,000	District Court
Third-degree Felony Examples: Impersonating someone online; theft of property worth $20,000-100,000	Two to ten years in prison, and possible maximum fine of $10,000	District Court
State Jail Felony Examples: Possession of 4 ounces to 1lb of marijuana; theft of property worth $15,000-20,000	180 days to two years in prison, and possible maximum fine of $10,000	District Court
Class A Misdemeanor Examples: Resisting arrests; theft of property worth $500- 1,500	maximum of one year in prison, and/or maximum fine of $4,000	County Court
Class B Misdemeanor Examples: Terroristic threat; theft of property worth $20-500	maximum of 180 days in prison, and/or maximum fine of $2,000	County Court
Class C Misdemeanor Examples: Sexting with someone 17 or younger; theft of property worth less than $20; a person under the age of 21 purchases, attempts to purchase, or in possession of alcohol	maximum fine $500	Justice of the Peace or Municipal Courts

Table 12.1. Classifications of Criminal Offenses in Texas, from Most Serious to Least Serious SOURCE: Tex. Pen. Code (2019).

In Texas, charges for crimes and their punishments can vary widely, depending on the nature of the crime, history of the defendant, and other circumstances of the case. But sentencing for a crime in Texas is based on which category or into which level the offense falls. The crimes mentioned above are classified in Texas by level and type because Texas has adopted the system of what is known as determinate sentencing, meaning that that sentencing guidelines—the set of standards that are generally put in place to establish rational and consistent sentencing practices within a particular jurisdiction—help determine what punishment should be assigned for a particular crime.¹⁴

Texas Department of Criminal Justice, “Texas Board of Criminal Justice” (2019), https://www.tdcj.texas.gov/tbcj/index.html.
Neil Davis, “Texas Crimes by Class and Punishments: How does Texas Classify Crimes and What are the Sentencing Guidelines for Felonies and Misdemeanors,” Neil Davis Law Firm, https://www.nealdavislaw.com/crimina...nishments.html.