Criminal District Attorney - Felonies
A Criminal District Attorney is a statutorily created office that is legally bound to not only handle all criminal matters for the designated county but also all civil matters related to representation of the county, county officials, and all associated matters. The Texas Constitution provides for the office of County Attorney in each county.
However, the legislature may abolish the office of County Attorney by establishing a Criminal District Attorney for such a county. This legislative change took place in Comal County in 1997. Prior to this, Comal County had a County Attorney and a District Attorney.
The statutory duties of a Criminal District Attorney include the following:
- Represent the State of Texas and victims of crimes in all criminal cases in the District Courts, County Courts-at-Law, and Justice Courts and in appeals therefrom.
- Represent the best interests of our children in Child Protective Services cases.
- Represent the victims of domestic abuse by obtaining protective orders against abusive family members.
- Represent the State of Texas and victims of crimes in ensuring that justice is rendered for juveniles accused of criminal offenses.
- Provide County Officials with written opinions or advice relating to the official duties of that official.
In Texas there are four general levels of felony offenses, all of which, with certain exceptions, are punishable with a fine of up to $10,000.00. State Jail Felonies have a range of punishment, with incarceration of not less than 180 days and up to 2 years in a State Jail Facility run by the Texas Department of Criminal Justice (TDCJ).
3rd Degree felonies have a range of punishment between 2 years to 10 years imprisonment in the Institutional Division-TDCJ.
2nd Degree Felonies have a range of punishment between 2 years to 20 years’ incarceration in the Institutional Division-TDCJ. 1st Degree Felonies have a range of punishment of not less than 5 years nor more than 99 years or Life imprisonment in the Institutional Division-TDCJ. There are variations within these grades for certain offenses. There are also capital offenses, which are punishable by either the Death penalty or Life in prison, with or without, the possibility of parole.