Criminal Defense

A felony offense in the State of Texas is the most serious of the criminal allegations. A felony offense carries a range of punishment anywhere from 180 days in state jail up to life in prison for the most severe felony offenses. Additionally, a person can be fined up to $10,000 for each felony offense if convicted.

There are four different classifications of felony offenses. They are classified by the range of punishment that may be assessed if convicted.

1. State Jail Felony - minimum 180 days to maximum 24 months in a state jail and a fine up to $10,000.
2. Third Degree Felony - minimum 2 years to maximum 10 years in the Texas Department of Criminal Justice and a fine up to $10,000
3. Second Degree Felony - minimum 2 years to maximum 20 years in the Texas Department of Criminal Justice and a fine up to $10,000.
4. First Degree Felony - minimum 5 years to a maximum 99 years or Life, in the Texas Department of Criminal Justice and a fine up to $10,000.

Don W. Bonner handles all felony criminal cases including: Felony Driving While Intoxicated (DWI), Intoxication Assault, Intoxication Manslaughter, Possession of a Controlled Substance; Delivery of a Controlled Substance, Manufacture of a Controlled Substance, Aggravated Assault, Sexual Assault, Sexual Assault of a Child, Indecency with a Child, Continuous Sexual Abuse of a Young Child, Injury to a Child, Murder, Manslaughter, Criminally Negligent Homicide, Kidnapping, Robbery, Aggravated Robbery, Burglary of a Building, Burglary of a Habitation, Evading Arrest with a Motor Vehicle, Theft over $2,500, Fraud, Credit Card Abuse, Arson, Criminal Mischief over $2,500, Unlawfully Carrying a Weapon, Possession of a Prohibited Weapon and more.

A misdemeanor offense in the state of Texas is punishable by up to 1 year in the county jail and a fine up to $4,000 for each offense. Misdemeanors are classified by their range of punishment if convicted.

1. Class A Misdemeanor - up to 1 year in the county jail and up to a $4,000 fine.
2. Class B Misdemeanor - up to 180 days in the county jail and up to a $2,000 fine.
3. Class C Misdemeanor - up to a $500 fine.

Don W. Bonner handles all misdemeanor criminal cases including: Driving While Intoxicated (DWI), Possession of Marijuana; Burglary of a Vehicle, Evading Arrest or Detention, Failure to Identify, Resisting Arrest or Transport, Theft less than $2,500, Theft by Check, Criminal Mischief, Terroristic Threat, Unlawfully Carrying a Weapon, Possession of a Prohibited Weapon, Criminal Trespass, Driving While License Invalid and more.

The Texas Penal Code states that a person commits the offense of Driving While Intoxicated “if the person is intoxicated and is operating a motor vehicle in a public place”. Tex. Pen. Code §49.04(a).

“Intoxicated” is not having the normal use of one’s mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or greater”. Tex. Pen. Code §49.01(2)(A) and (B).

Driving While Intoxicated can be a classified as either a misdemeanor offense or a felony offense depending upon any prior convictions for DWI or if there is a child younger than 15 years of age in the automobile. A DWI first is classified as a Class B misdemeanor unless the drivers Blood Alcohol Content (BAC) measures 0.15 or above, then it would be charged as a Class A misdemeanor. A DWI arrest is classified as a third degree felony if the driver has two or more prior DWI convictions. A DWI arrest with a child passenger younger than 15 years of age is classified as a State Jail Felony even if the driver does not have any prior DWI convictions.