How does a firearm charge work?

Sentencing for a crime in Texas is based on which category or level the offense falls into. There are multiple levels and they all may have different levels of bail and punishment.

This is what the term “firearm” means legally: “Firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. This may qualify as a deadly conduct which, legally is:

Sec. 22.05.  DEADLY CONDUCT.  

(a)  A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.

(b)  A person commits an offense if he knowingly discharges a firearm at or in the direction of: (1)  one or more individuals; or (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.

(c)  Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.

(d)  For purposes of this section, “building,” “habitation,” and “vehicle” have the meanings assigned those terms by Section 30.01.

Class A Misdemeanor [Tex. Penal Code §12.43 (a)] If a person is on trial for a Class A offense and it is shown that the person has been previously convicted of any Class A misdemeanor or any degree of felony, on conviction the defendant shall be punished by: •Confinement in jail for not more than one year or less than 90 days •A fine not to exceed $4,000 •Both such fine and confinement 

Class B Misdemeanor [Tex. Penal Code §12.43(b)] If a person is on trial for a Class B offense and it is shown that the person has been previously convicted of any Class A or a Class B Misdemeanor or any degree of felony, on conviction the defendant shall be punished by: •Confinement in jail for not more than 180 days or less than 30 days •A fine not to exceed $2,000 •Both such fine and confinement 

Class C Misdemeanor [Tex. Penal Code §12.43(c)] If a person is on trial for a Class C offense under Section 42.01(Disorderly Conduct) or 49.02 (Public Intoxication) and it is shown that the person has been convicted under either of those sections three times or three times for any combination of those offenses and each prior offense was committed in the 24 months preceding the date of commission of the instant offense, on conviction the defendant shall be punished by: •Confinement in jail for not more than 180 days •A fine not to exceed $2,000 •Both such fine and confinement 

First Degree Felony [Tex. Penal Code §12.42(c)] If a person is on trial for a first degree felony and it is shown at the trial that the person has once before been convicted of a felony (but not a state jail felony), on conviction the person shall be punished by imprisonment in the institutional division for life, or not more than 99years or less than 15 years. In addition to imprisonment, an individual may receive a fine not to exceed $10,000. If a person is over the age of 18 and is on trial for a certain aggravatedsexual assault offense and it is determined that the person has previously been convicted of certain listed violent sexual offenses, on conviction the person shall be punished by imprisonment in the institutional division for life without parole.

Second Degree Felony [Tex. Penal Code §12.42(b)] If a person is on trial for a second degree felony and it is shown at the trial that the person has once been previously convicted of a felony(but not a state jail felony), on conviction the person shall be punished for a first degree felony. 

Third Degree Felony [Tex. Penal Code §12.42(a)(3)] If a person is on trial for a third degree felony and it is shown at the trial that the person has once been previously convicted of a felony(but not a state jail felony), on conviction the person shall be punished for a second degree felony.

As always, the best option is to contact Atlas Bail and go over available info and all the details. With our experience, knowledge and great customer service, we can have your loved ones back to you as soon as the law will allow us. From the moment you show up in our office we understand your need for guidance and help. The fact that a person is in jail is only the beginning of the process. Selecting AAA Atlas Bail is an important first step. With years of experience in our office, we most definitely will have the right answer for you.

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