Theft and other charges
Dallas felony and misdemeanor lawyer.
Every Texas charge has a level, and the level sets the range of punishment, whether probation is possible and what happens to your record. A Class C ticket is a fine. A first degree felony can mean life in prison. Knowing exactly what you are charged with, and what can raise or lower it, is the first step. We explain it in plain words, in English or Spanish, and then build the defense.
Right now
If you or someone you love was just charged.
- 01
Find out the exact charge and level
The booking sheet, bond paperwork or citation names the offense and says whether it is a Class A, B or C misdemeanor or a felony. That one line tells you most of what is at stake.
- 02
Do not talk about the facts
Not with police, not with cellmates and not on jail phones or video visits, which are recorded. Do not post about the case on social media.
- 03
Get bond handled
A magistrate must see the arrested person within 48 hours and set bond and conditions. We explain the release options, from a cash or surety bond to an attorney bond, and ask for a lower amount when it is not fair.
- 04
Write down every court date
Missing court brings a new warrant, a forfeited bond and sometimes a separate charge for failure to appear.
- 05
Call before you sign a plea or talk to the prosecutor
Plea papers, diversion contracts and probation terms follow you for years. The consultation is free, and we answer 24/7 for arrests.
Key deadlines and numbers
- Misdemeanor or felony
- Misdemeanors: fine or county jail up to 1 year. Felonies: state jail or prisonSource: Tex. Penal Code 12.02
- Time to see a magistrate after arrest
- Within 48 hoursSource: Tex. Code Crim. Proc. 15.17
- If the State is not ready while you sit in jail
- Release on personal bond or lower bail after 90 days on most felonies, 30 days on a Class ASource: Tex. Code Crim. Proc. 17.151
- Time to bring charges
- 2 years for misdemeanors, 3 years for most felonies; some have longer or no limitSource: Tex. Code Crim. Proc. ch. 12
- Length of probation
- Up to 2 years for a misdemeanor, up to 10 years for most feloniesSource: Tex. Code Crim. Proc. 42A.053
Texas law
Texas offense levels and punishment ranges.
The Penal Code puts every crime into one of eight levels. The level sets the range a judge or jury can choose from. Prior convictions, a deadly weapon, or where and against whom the offense happened can move a case up the ladder.
| Level | Jail or prison | Fine | Common examples |
|---|---|---|---|
| Class C misdemeanor | No jail | Up to $500 | Traffic tickets, public intoxication, theft under $100 |
| Class B misdemeanor | Up to 180 days in county jail | Up to $2,000 | First DWI, 2 ounces or less of marijuana, theft of $100 to $750 |
| Class A misdemeanor | Up to 1 year in county jail | Up to $4,000 | Assault causing bodily injury, second DWI, burglary of a vehicle |
| State jail felony | 180 days to 2 years in a state jail | Up to $10,000 | Under 1 gram of meth or cocaine, burglary of a building |
| Third degree felony | 2 to 10 years in prison | Up to $10,000 | Third DWI, evading arrest in a vehicle, family violence assault with a prior |
| Second degree felony | 2 to 20 years in prison | Up to $10,000 | Aggravated assault, robbery, burglary of a home, manslaughter |
| First degree felony | 5 to 99 years or life | Up to $10,000 | Aggravated robbery, murder |
| Capital felony | Life without parole or death | None | Capital murder |
Prior convictions raise the range
One prior felony can push a third degree felony into the second degree range. Two prior felonies in sequence can make many felonies punishable by 25 to 99 years or life. Misdemeanors have their own repeat-offender rules.
Source: Tex. Penal Code 12.42, 12.43A state jail felony can end as a misdemeanor
A judge can punish many state jail felonies as Class A misdemeanors, and can let the prosecutor charge one as a Class A from the start. That keeps a felony off your record.
Source: Tex. Penal Code 12.44Felonies need a grand jury
A felony goes forward only if a grand jury returns an indictment, unless you waive it. Misdemeanors are filed by the prosecutor on an information. The time before indictment is often a key moment to present your side.
Source: Tex. Code Crim. Proc. 1.141Probation and deferred adjudication
Most people charged are eligible for community supervision, called probation. Deferred adjudication goes further: you plead, the judge does not find you guilty, and if you finish, the case is dismissed. Some serious offenses and deadly weapon findings rule out probation from the judge.
Source: Tex. Code Crim. Proc. ch. 42AHow we work
How a case moves, and how we work it.
Mr. Estrada reads your file and sets the strategy at every stage. Our associates and staff work the case with him, and you get updates in English or Spanish.
01
Arrest, magistrate and bond
Within 48 hours the person sees a magistrate, who reads the charge and sets bond and conditions. We work on release right away and ask for a lower bond or fewer conditions when they are not fair.
02
Charging and indictment
Prosecutors decide what to file, and felonies go to a grand jury. Before that happens, we can present facts, records and witnesses that may lead to a lower charge or no charge at all.
03
Read all the evidence
Texas law requires the State to share the offense report, video, lab results and witness statements. We read every page and watch every minute of bodycam and dashcam.
04
Motions and hearings
If the stop, the search or the statement broke the rules, we file a motion to suppress and argue it before the judge. Evidence that gets thrown out can end a case.
05
Plea or trial
Most cases resolve by agreement, and the terms matter: a dismissal, a lower level, deferred adjudication or probation. If the offer is not fair, we prepare the case for trial and let a jury decide.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“He made sure he addressed all of our questions and put us at ease. He never made it seem like we were an inconvenience.”What a charge can mean beyond the sentence.
- Immigration
- For a non-citizen, the type of offense and how it ends matter more than the level. A plea to deferred adjudication can count as a conviction for immigration. Tell us about your status at the first meeting; it stays confidential.
- Gun rights
- A felony conviction bars gun possession under federal law. Texas lets a person with a felony keep a firearm only at home, and only five years after release from confinement or supervision. A family violence misdemeanor also costs you gun rights.
- Jobs, housing and licenses
- Background checks show felonies and misdemeanors. Professional licenses, a CDL, apartment applications and student aid can be affected. The difference between deferred adjudication and a conviction often matters most here.
- Your record
- Dismissals and acquittals can usually be expunged. Deferred adjudication can often be sealed with an order of nondisclosure. We plan for the record from the first day.
Dallas and Odessa
How cases move in Dallas County and Ector County.
In Dallas County, people are booked at the Lew Sterrett Justice Center and see a magistrate there. Misdemeanors are heard in the County Criminal Courts and felonies in the Criminal District Courts, both at the Frank Crowley Courts Building, 133 N. Riverfront Blvd. In Odessa, arrests are booked at the Ector County jail and cases are heard at the Ector County Courthouse. We also handle cases in Collin, Denton, Tarrant, Kaufman and Ellis counties, each with its own local procedures.
FAQ
Questions people ask.
What is the difference between a felony and a misdemeanor in Texas?
A misdemeanor is punished by a fine or up to a year in county jail. A felony is punished by time in a state jail or prison, from 180 days up to life. A felony conviction also brings lasting effects, like losing gun rights.
Can a felony be reduced to a misdemeanor?
In some cases, yes. A state jail felony can be punished as a Class A misdemeanor, and prosecutors can agree to reduce a charge as part of a plea. Whether that is realistic depends on the evidence and your record.
What is deferred adjudication?
You plead guilty or no contest, and the judge holds off on a finding of guilt and places you on supervision. If you finish, the case is dismissed and there is no conviction under Texas law. If you violate, the judge can find you guilty and sentence you anywhere in the full range.
How long does a criminal case take in Dallas County?
Misdemeanors often take several months. Felonies can take a year or more, depending on lab results, the court's docket and whether the case goes to trial. We tell you what to expect before each setting.
Do I have to go to every court date?
Assume yes unless your lawyer tells you a setting can be handled without you. Missing court can mean a warrant and a lost bond. We tell you ahead of time which dates you must attend in person.
How much does a criminal defense lawyer cost?
It depends on the charge level and how much work the case needs. The first consultation is free, and we discuss the fee and payment options up front.
Related situations
- Jail release, bond and warrants
- Probation violations
- Clear your record
- Immigration consequences of a charge
- Drug possession
- DWI
- All: State Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.