Criminal defense across Denton County and Collin County
Abuse of Official Capacity
Chapter 39 of the Texas Penal Code defines offenses relating to the abuse of office.
“Abuse of Official Capacity”, as per § 39.02 of the Texas Penal Code, occurs when a public servant, with intent to obtain a benefit or with intent to harm or defraud another, intentionally or knowingly:
violates a law relating to the public servant's office or employment; or
misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant's custody or possession by virtue of the public servant's office or employment.
An offense under 1) is a Class A Misdemeanor.
An offense under 2) is a:
a Class C misdemeanor if the value of the use of the thing misused is less than $100;
a Class B misdemeanor if the value of the use of the thing misused is $100 or more but less than $750;
a Class A misdemeanor if the value of the use of the thing misused is $750 or more but less than $2,500;
a state jail felony if the value of the use of the thing misused is $2,500 or more but less than $30,000;
a felony of the third degree if the value of the use of the thing misused is $30,000 or more but less than $150,000;
a felony of the second degree if the value of the use of the thing misused is $150,000 or more but less than $300,000; or
a felony of the first degree if the value of the use of the thing misused is $300,000 or more.
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Misdemeanor B
Confinement in jail for a term not to exceed 180 days
Fine not to exceed $2,000
Misdemeanor A
Confinement in jail for a term not to exceed one year
Fine not to exceed $4,000
State Jail Felony
Confinement in a state jail for not more than two years and not less than 180 days
In addition to confinement, may receive a fine not to exceed $10,000
Third Degree Felony
Imprisonment in the institutional division for not more than 10 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000
Second Degree Felony
Imprisonment in the institutional division for not more than 20 years or less than two years
First Degree Felony
Imprisonment in the institutional division for life, or
Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
Punishment Range Misdemeanor C Fine not to exceed $500 Misdemeanor B Confinement in jail for a term not to exceed 180 days Fine not to exceed $2,000 Both such fine and confinement Misdemeanor A Confinement in jail for a term not to exceed one year Fine not to exceed $4,000 Both such fine and confinement State Jail Felony Confinement in a state jail for not more than two years and not less than 180 days In addition to confinement, may receive a fine not to exceed $10,000 Third Degree Felony Imprisonment in the institutional division for not more than 10 years or less than two years In addition to imprisonment, may receive a fine not to exceed $10,000 Second Degree Felony Imprisonment in the institutional division for not more than 20 years or less than two years In addition to imprisonment, may receive a fine not to exceed $10,000 First Degree Felony Imprisonment in the institutional division for life, or Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon In addition to imprisonment, may receive a fine not to exceed $10,000 Back to Index About Our Firm Contact Us Request a Free Case Evaluation Let Us Put Our Experience to Work for You
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Collin County By Appointment Only 972-724-4820 230 East Hunt Street, Suite 101 McKinney , TX 75069
Office locations
- Denton office: 215 West Oak Street, Denton, TX 76201
- McKinney office: 230 East Hunt Street, Suite 101, McKinney, TX 75069
- Plano office: 7200 Dallas Parkway, Plano, TX 75024