Decoding Legal Jargon: Understanding Common Criminal Charges in Texas

Facing criminal charges can be confusing and frightening. The situation is often made worse because of the complex industry-specific legal language that law enforcement, prosecutors, and others in the system may use. If you were charged with a crime, learning a little about the process, criminal statutes, and possible penalties can help you understand what you’re up against and prepare you to ask your attorney the right questions.

DWI vs. DUI

In Texas, the terms DWI (driving while intoxicated) and DUI (driving under the influence) are separate offenses, although both involve operating a vehicle under the influence of alcohol or drugs. The main differences lie in the driver’s age and the legal standards applied. Here’s a breakdown:

DWI (driving while intoxicated)

DWI is the charge for any driver, regardless of age, who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or is impaired by drugs or alcohol to the point that they cannot safely operate the vehicle. The key factor in a DWI is intoxication—meaning the driver has lost the normal use of their mental or physical faculties due to alcohol, drugs, or both. DWI typically carries hefty fines, possible jail time, license suspension, and other consequences, particularly for repeat offenses or if there are aggravating factors like a child passenger or a very high BAC.

DUI (driving under the influence)

In Texas, DUI specifically applies to drivers under the age of 21. Texas has a zero-tolerance policy for minors consuming alcohol, meaning any detectable amount of alcohol in their system while driving can lead to a DUI charge, even if their BAC is below 0.08%. A DUI can be charged if the minor has any measurable amount of alcohol in their system, even if they are not visibly intoxicated. DUI penalties for minors are generally less severe than DWI penalties. A first offense is typically a Class C misdemeanor, punishable by fines, community service, mandatory alcohol education, and possibly a license suspension. Repeat offenses may result in more serious consequences.

Assault vs. Battery

In many states, assault refers to the threat or attempt to cause harm, while battery involves actual physical contact or harm. However, under Texas law, battery is not a separate charge. Instead, Texas classifies both concepts as assault.

Assault in Texas

In Texas, the crime of assault includes both the threat of harm and actual physical contact or injury. The legal definition of assault covers three main categories:

• Threatening harm: If someone intentionally or knowingly threatens another person with imminent bodily harm, it qualifies as assault in Texas. No physical contact is necessary.
• Physical harm: If a person intentionally, knowingly, or recklessly causes any form of bodily injury to another person, it is considered assault.
• Offensive physical contact: If a person intentionally or knowingly makes physical contact with another that the person knows or should reasonably know will be regarded as offensive or provocative—shoving, poking, or unwanted touching—it is considered assault, even if no injury occurs.

All harmful or offensive contact that would be classified as battery in other jurisdictions is prosecuted as assault under Texas law. Thus, both the threat of harm and the actual harmful or offensive contact fall under the charge of assault.

Degrees of assault

In Texas, the severity of the assault charge depends on factors like the degree of injury, the use of a weapon, the identity of the victim (e.g., police officers or elderly individuals), and whether the assault was committed intentionally or recklessly. Assault can range from a Class C misdemeanor for minor offenses, e.g., offensive touching, to a felony for serious bodily injury or aggravated assault (assault with a deadly weapon).

Theft vs. Robbery

In Texas, theft and robbery are distinct crimes, with the primary difference being the element of force or threat. Both offenses involve unlawfully taking someone else’s property, but how the crime is committed, and the circumstances surrounding it set them apart.

Theft

Theft in Texas involves unlawfully taking someone else’s property with the intent to deprive the owner of it. The main factor is that the property is taken without the use of force, threats, or intimidation. The severity of the penalty for theft depends on the value of the stolen property:

• Class C misdemeanor: Theft of items valued under $100
• Felony Theft: Items valued over $2,500 or stealing certain types of property (like firearms or livestock).

Robbery

Robbery involves theft combined with the use of force, violence, or the threat of force to obtain property from someone. The distinguishing factor between robbery and theft is the involvement of physical harm or threats while taking the property. Robbery is considered a second-degree felony, punishable by two to 20 years in prison and fines of up to $10,000 in Texas.

Aggravated robbery is a more serious form of robbery and involves additional factors that make the crime more dangerous. These include one or more of the following:

• Committing robbery with the use of a deadly weapon
• Causing serious bodily injury to another person
• Robbing someone who is considered especially vulnerable, e.g., a person over 65 years old or a disabled individual

Aggravated robbery is a first-degree felony resulting in five years to life in prison and fines of as much as $10,000.

Drug Possession vs. Trafficking

In Texas, drug possession and drug trafficking are both serious drug crimes, but they differ significantly in terms of the conduct involved and the severity of the penalties. The main distinction lies in the amount of drugs and the intent behind the crime—whether the drugs are intended for personal use or distribution.

Drug Possession

Drug possession refers to the crime of knowingly and intentionally having a controlled substance in your custody or control without a valid prescription. Key factors include:

• The amount of the controlled substance
• The type of controlled substance (Texas classifies drugs into different penalty groups based on their potential for abuse and harm)
• The possession must be intentional and knowing

The severity of the penalties depends on the type and quantity of the drug possessed.

Drug Trafficking

Drug trafficking (also known as possession with intent to distribute or drug distribution) involves not only possessing drugs but also the intent to manufacture, distribute, deliver, or sell controlled substances. Trafficking typically involves large quantities of drugs, indicating that the drugs are meant for sale or distribution, not personal use. Drug trafficking is a far more serious offense than simple possession, with harsher penalties, often starting at the felony level, even for small amounts if prosecutors can prove intent to distribute.

The penalties depend on the type and amount of the controlled substance involved. Trafficking larger quantities or more dangerous drugs (like heroin or meth) leads to stiffer penalties, including decades in prison, fines in the tens or hundreds of thousands of dollars, asset forfeiture, and enhanced penalties for trafficking near schools or to minors.

At the Law Office of Mary Beth Harrell, our legal team understands the stress felt by those facing a criminal charge. Our criminal defense attorneys will work hard to get your charges dismissed or reduced or to win at trial. Call us or fill out our contact form today.