Types of Criminal Cases in Texas
Criminal cases encompass a wide range of offenses, varying in severity and nature. Some of the more common types of crimes charged in Texas include:
- Property crimes, like burglary, theft, and vandalism
- Violent crimes, like assault, robbery, and homicide
- Drug crimes, like possession, distribution, and trafficking
- White-collar crimes, like fraud, embezzlement, and insider trading
- Sex crimes, like rape, sexual assault, and child pornography
- Traffic offenses, like DWI offenses and reckless driving
How your criminal case moves forward depends on many factors. For example, in which jurisdiction was the charge filed? Is the crime a misdemeanor, a felony, or another classification? Is the crime a general intent crime or specific intent crime? Did you plead guilty, not guilty, or no contest?
State vs. Federal Jurisdiction
Understanding the jurisdiction of crimes is crucial. Crimes can be local but are most often state or federal offenses, each with its own set of laws, types of offenses, enforcement, and penalties.
Jurisdiction
Jurisdiction is an important distinction. State crimes are violations of state laws and are prosecuted by state authorities. Each state has its own set of laws, and offenses against these laws are typically handled by state courts.
Federal crimes, on the other hand, are violations of federal laws established by the United States Congress. These offenses are prosecuted in federal courts by federal authorities.
Criminal Codes
Laws and codes differ greatly depending on the jurisdiction. State laws vary from one state to another, and each state has its own criminal code. Offenses against these state-specific laws are considered state crimes.
Federal laws are codified in the United States Code, and federal crimes are violations of these national statutes. These laws are applicable across the entire country.
Nature and Scope of Offense
Jurisdiction also impacts the nature and scope of an offense. State laws often cover a broad range of offenses, including crimes such as robbery, assault, and drug offenses. State authorities handle cases that occur within their respective state boundaries.
Federal laws typically address crimes that involve interstate commerce, national security, immigration, or offenses that cross state lines. Examples include certain white-collar crimes, drug trafficking across state borders, and federal tax evasion.
Enforcement Agencies
Investigation and enforcement agencies can also impact a criminal case. State law enforcement agencies, like state police or county sheriffs, investigate and enforce state crimes. Prosecution is usually carried out by state attorneys or district attorneys.
Federal law enforcement agencies, like the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), or the Internal Revenue Service (IRS), investigate and enforce federal crimes while U.S. attorneys handle prosecutions.
Criminal Penalties
No other significant impact on a criminal case exists than the potential for punishment if found guilty. State law determines penalties for state crimes, which can include fines, probation, imprisonment in state facilities, or a combination of these. Penalties for federal crimes are outlined in federal sentencing guidelines and can include fines, imprisonment in federal facilities, or a combination of these.
Certain offenses may be both state and federal crimes, depending on the circumstances. In such cases, the dual sovereignty doctrine allows for prosecution at both the state and federal levels without violating double jeopardy protections.
Misdemeanors vs. Felonies
Two main categories of criminal cases are misdemeanors and felonies. Misdemeanors generally involve less serious offenses, such as petty theft or simple assault, punishable by fines, probation, or short-term incarceration. Felonies, on the other hand, involve more serious crimes like murder, rape, or robbery, often resulting in imprisonment for a year or more. Some states do not distinguish crimes as misdemeanors or felonies but still use a system to classify crimes in a similar fashion.
General Intent vs. Specific Intent Crimes
General intent crimes refer to criminal offenses where the prosecution must prove that the defendant committed a crime but does not need to prove the defendant intended to commit it. For example, a person driving under the influence of drugs or alcohol is a general intent crime. The defendant may have thought they were not under the influence even though they were. A prosecutor only needs to prove that the defendant was criminally intoxicated while driving and does not need to show that the defendant intended to drive while criminally intoxicated.
In contrast, specific intent crimes require the prosecution to prove both that a defendant committed the criminal act and intended to commit the criminal act.
Pleading Guilty, Not Guilty, or No-Contest
Deciding how to plead is nerve-wracking for some people, especially when it is their first time facing a criminal allegation. Making this decision, however, is not an easy one. Having a criminal defense attorney in Texas review your case and getting smart legal advice is in your best interests because there are consequences for each of these pleadings.
At Diaz & Wright Attorneys at Law, we guide our clients through these options, whether it's entering a plea deal, pleading guilty, not guilty, or pursuing a no-contest plea. Our goal is to achieve the most favorable outcome for our clients.
