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A Look at Felony Charges in Texas, What They Entail and Punishments 

arrested man with cuffed hands behind prison bars

Facing an arrest can be a scary proposition. There are a lot of unknowns that come with it and the idea of having to wait for your day in court behind bars is even more nerve-wracking. This is why letting a professional bail bondsman help you will not only take a huge weight off your back and your family’s back, it will provide you with the ability to seek out lawyers and continue providing for your family. There are several scenarios that a person might face when they get arrested. One of these is the possibility of serving jail time and being charged with a serious offense that qualifies as a felony.

The origin of the word “felony” has several beginnings. Felony comes from the word that means “treachery, betrayal, or deceit” or the Gallo-Roman  for ‘evil-doer.’ In early usage, “felony” was not always a criminal act but often referred to as a breach of feudal obligations between lord and vassal. It was associated more with a concept of disloyalty to the lord, but the meaning slowly shifted to something more relating to a crime that was punishable.  According to some sources, after the Norman conquest of England the previous feudal doctrine reshaped into what became English common law. As we know from previous posts, many of our laws and concepts are embedded into the justice system derived from English Common Law. In everyday vernacular, most people would associate the word with a heavier crime, or one that is punishable by time in jail or prison. 

Looking at Modern Texas Law and Felony Charges 

Things have changed some in the justice system since English Common Law and colonial times in America. The system operates under similar principles and  is today vast and complex. So let’s look at some modern terms here:

A felony is basically a type of crime. Crimes are typically considered felonies if they carry or can carry more than a year in jail.  They are considered the most severe type of criminal offense in Texas and the category is most commonly used when referring to violent criminal offenses. When it comes to non-violent felonies, it’s likely referring to one that involved a major theft or property damage. Smaller offenses then can either be classified as a misdemeanor or an infraction. 

In the state, felonies are categorized into 5 different types. 

  • Capital felony with a punishment of life imprisonment or the death penalty
  • First degree felony with 5 to 99 years  or life imprisonment 
  • Second degree felony with 2 to 20 years
  • Third degree felony with 2 to 10 years
  • State jail felony 180 days to 2 years 

The most severe type of felony and the one that carries the most possible jail time or severe punishment are the capital felonies. These are often highly profiled crimes and will typically be violent offenses. It is serious enough that if the defendant is above 18 years old, there is no possibility of parole. The justice system does not look likely on these types of crime and they seem to be the most egregious cases. Some examples of these would be capital murder or capital felony murder. A recent high-profile case in the area includes the El Paso Walmart shooting. The shooter was first indicted on one capital murder charge by a grand jury in El Paso. He was then federally indicted in 90 counts, one of which included capital murder. The state is seeking the death penalty for the shooter who killed 23 people in a local El Paso Walmart in 2019. 

First-degree felonies are still considered very severe types of crimes. Convictions can carry up to life in prison. There is a mandatory minimum of 5 years with many first-degree felony charges. Judges can also make defendants pay fines that are up to $10,000.  Examples of first degree felonies include Aggravated robbery, Arson causing death, and attempted murder. 

Second-degree felonies are the next tier below as far as serious crimes go. These types of crimes, which include manslaughter, aggravated assault, robbery, and arson, can carry up to 20 years in jail and also a fine of up to $10,000.

Finally, third-degree felonies are less severe in Texas. Fines can still be high, but jail sentences will typically be between 180 days and 2 years. Some of these will include crimes like check forgery, theft between a certain amount (2,500 to 30,000), and child endangerment. 

Depending on the degree of the charge, defendants will be allowed to go out on bail as long as they remain in the area. If you have been charged with a felony or a misdemeanor and are facing bail charges, call Freedom Bail Bonds today. We have been helping El Pasoans navigate the legal system for many years. 

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A Look At the 8th Amendment & Why It Is Important

 

The Founding Fathers had incredible foresight. They managed to create a system of government that was not only effective, but that resisted mob rule encouraged a well-read citizenry and demands/protects man’s basic freedoms. The system they left continues to be a well-structured system of government for a prosperous representative republic.  Although many Presidents and policymakers have often misinterpreted the framers and created laws that are not always consistent with the founding principles, this country still holds it’s Bill of Rights and amendments in very high regard. Let’s take a look at the 8th amendment and how it might apply to you today.

8th Amendment: Excessive bail shall not be required, nor excessive fines imposed, no cruel and unusual punishments inflicted.

This amendment essentially has two main components. The first deals with excessive bail fines for a defendant that has yet to see his full and official day in court. The second is the component of cruel and unusual punishment, which prohibits the use of cruel punishments— the language has always been a point of debate; for, how does one measure cruelty or the state of being unusual?

The Roots

Like a lot of things in America, the bail law was derived from Anglo-Saxon England. In this time period, however, justice functioned a lot differently. Unlike today, criminal justice was handled privately; family members were expected to avenge their loved one’s death/crime. A private citizen could actually kill someone that was sentenced to “outlawry.” Gradually this brutal system turned to one that bartered money instead of chaos. The system evolved, but people often faced a common problem about how to keep the accused nearby while they await trial. That is, how do they keep them from disappearing?

In medieval England, the sheriffs had discretionary power on how to set bail. This system was ripe for corruption, bribes, and special favors. In early America, the colonists brought with them their enlightened ideas of law and justice along with previously held laws in England. Slowly, the framers formed their own conception.

The Reason for Bail

Part of the reason why bail exists today is to ensure the appearance of an accused individual at trial. It basically keeps the person in the same jurisdiction and ensures that they will show up to court when they are scheduled. The Framer’s thinking behind the 8th Amendment was partly to ensure that localities didn’t set bail excessively high—although this did not mean that bail had to be particularly affordable or even available to everyone.

Ongoing Debate

There has always been a strong debate about the bail law. Most recently the debate has argued that bail amounts often make it difficult for low-class individuals to comply and is, therefore, a discriminatory law.  It is important to point out that the Framers never specified that there was a right to bail, but rather that the amount shall not be set excessively. In many cases, they left it up to the legislature to decide just which crimes could be bailable. Some attack money bail as unconstitutional not fully comprehending the reasons behind its actual implementation.  

How It is Determined & the Varying Factors

A judge can actually refuse bail for a number of reasons. This can be due to excessive criminal history, a bad record of court non-appearances, and misconduct, etc. Judges can also consider a defendant’s financial status although it is not necessarily required. Some misdemeanors will have standard bail amounts, but the judge also has the discretion to raise or lower them based on circumstances and other factors.

Trust Freedom

The modern commercial bondsmen began emerging at the turn of the 20th century. Getting arrested is no picnic. There are probably a thousand questions popping up through your head in those moments. You don’t want to spend any time in jail as you wait your trial. Freedom Bail Bonds wants to help you to be secure in your wait until your court