Flashcards in Texas Penal Code Deck (147)
Range of punishment for Class A misdemeanor
0 to 365 days; possible fine up to $4,000
Range of punishment for Class B misdemeanor
0 to 180 days; possible fine up to $2,000
Range of punishment for Class C misdemeanor
no jail; possible fine up to $500
Range of punishment for 1st Degree Felony
5 to 99 years or life; possible fine up to $10,000
Range of punishment for 2nd Degree Felony
2 to 20 years; possible fine up to $10,000
Range of punishment for 3rd Degree Felony
2 to 10 years; possible fine up to $10,000
When does Texas have jurisdiction over an offense a person commits by his own conduct or the conduct of a person he is criminally responsible?
1. either the conduct or a result that is an element of the offense occurs inside Texas;
2. the conduct outside Texas constitutes an attempt to commit an offense inside Texas;
3. the conduct outside Texas constitutes a conspiracy to commit an offense inside Texas and an act in furtherance of the conspiracy occurs inside Texas; or
4. the conduct inside Texas constitutes an attempt, solicitation, or conspiracy to commit an offense in another state that is also an offense in Texas.
What is the definition of "bodily injury?"
Physical pain, illness, or any impairment of physical condition.
What is the definition of "deadly weapon?"
1. a firearm or anything designed, made, or adapted for purpose of inflicting death or serious bodily injury; or
2. anything in the manner of its use or intended use is capable of causing death or serious bodily injury.
What is the definition of "possession?"
Actual care, custody, control, or management.
What is the definition of "public place?"
Any place the public or a substantial group of the public has access; includes streets, highways, and common areas of schools, hospitals, apartments, office buildings, transport facilities, and shops.
What is the definition of "serious bodily injury?"
Bodily injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
When is the existence of an affirmative defense submitted to the jury?
Only when there is evidence admitted supporting the defense.
What is the defendant's burden of proof as to an affirmative defense?
Preponderance of the evidence.
What is the definition of "criminal episode?"
The commission of two or more offenses committed pursuant to same transaction or common scheme or plan or the offenses are the repeated commission of the same or similar offenses.
When can multiple criminal offenses be consolidated for prosecution?
A defendant may be prosecuted in a single criminal action for all offenses arising out of the same criminal episode.
What must the State do if a single criminal action is based on more than one charging instrument?
The State must file written notice of the action not less than 30 days prior to the trial.
If a defendant is found guilty of more than one offense arising out of the same criminal episode prosecuted in a single criminal action, how are the sentences to be served?
Exceptions: Intoxication Assault; Intoxication Manslaughter; Sex Offenses; Injury to Child, Elderly; Disabled that are 1st degree felonies -- these offenses may be ordered by trial court to be served either concurrently or consecutively.
When does a defendant have a right to a severance of offenses?
Whenever two or more offenses have been consolidated or joined for trial.
If a defendant is granted a severance of offenses, how are the sentences to be served if convicted of more than one offense?
Concurrently or consecutively.
When does a defendant not have a right to a severance of offenses?
Intoxication Assault; Intoxication Manslaughter; Sex Offenses; Injury to Child, Elderly; Disabled that are 1st degree felonies -- these offenses may be ordered by trial court to be served either concurrently or consecutively.
Discuss requirement of a voluntary act or omission.
A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession. A person who omits to perform an act does not commit an offense unless they have a duty to perform the act.
What are the four culpable mental states?
4. Criminal Negligence
A person acts intentionally when it is his conscious objective or desire to engage in the conduct or cause the result.
A person acts knowingly when he is aware of the nature of his conduct, that the circumstances exist, or when he is aware his conduct is reasonable certain to cause the result.
A person acts recklessly when he is aware of but conscious disregards a substantial and unjustifiable risk the circumstances exist or the result will occur.
Define "criminal negligence."
A person acts with criminal negligence when he ought to be aware of a substantial and unjustifiable risk the circumstances exist or the result will occur. Risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
When is a party criminally responsible as a party to an offense?
When the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or both.
Can a person be convicted as a party if the indictment does not charge him as a party?