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Your Longview Criminal Defense Attorney
Texas doesn’t route every criminal case to the same courthouse: in Gregg County, a felony charge against a Longview resident goes to District Court, while a Class A or B misdemeanor goes to County Court at Law. What Texas actually requires before bail is set, and how soon a court-appointed attorney has to be assigned, is covered further down this page. This isn’t just a filing formality: the classification a charge receives shapes the bail process, the potential sentence, and even whether a record can later be cleared.
What Happens Between Arrest and Bail in Gregg County
Texas’s Constitution guarantees a right to bail for every offense except a capital one where the proof is evident (Article I, Section 11), but the amount itself isn’t automatic: the Damon Allen Act requires an individualized weighing of the offense, ability to pay, public safety, and criminal history. Certain repeat or violent offenders can still have bail denied outright under Article I, Section 11(a): a felony committed while already on bail, a deadly-weapon felony after a prior conviction, or a violent or sexual offense committed while on bail or parole. That bail decision doesn’t happen in a vacuum: Code of Criminal Procedure Article 15.17 requires every arrested person to be brought before a magistrate within 48 hours, where the specific charges are read, the right to an attorney is explained, and bail conditions are actually set. Gregg County’s population falls under the Fair Defense Act’s 250,000 threshold, which means an indigent defendant who requests appointed counsel is entitled to have an attorney appointed within 3 working days of that request, rather than the 1-day deadline a larger county carries.
Texas's Offense Classifications and What Each One Carries
Texas Penal Code Chapter 12 grades every offense on a specific ladder: a Class C misdemeanor is fine-only (up to $500, no jail), Class B carries up to 180 days and a $2,000 fine, and Class A carries up to a year and a $4,000 fine. Felonies escalate further and carry up to a $10,000 fine at every tier: a state jail felony runs 180 days to 2 years in state jail, a third-degree felony runs 2 to 10 years, a second-degree felony runs 2 to 20 years, and a first-degree felony runs 5 to 99 years or life. DWI has its own escalation path under Penal Code Chapter 49, separate from the general classification ladder above: a first offense is a Class B misdemeanor (3 to 180 days, up to $2,000) unless the BAC is 0.15 or higher, which bumps it to a Class A; a second offense is a Class A misdemeanor with a mandatory minimum 30 days; a third is a third-degree felony. A DWI with a passenger under 15 in the vehicle is charged as a state jail felony under §49.045 regardless of whether it’s a first offense.
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Common Charges We Defend in Longview
Assault under Penal Code §22.01 covers a wide range of conduct: a threat or offensive contact alone can be a Class C misdemeanor, while causing actual bodily injury is typically a Class A misdemeanor, but the charge escalates to a felony when the alleged victim is a public servant, a family member, or someone in another protected category. Theft under Penal Code §31.03 is graded entirely by dollar value: under $100 is a Class C misdemeanor, $100 to under $750 is Class B, and $750 to under $2,500 is Class A; above that, it becomes a felony, from a state jail felony ($2,500 to under $30,000) up through a first-degree felony at $300,000 or more. Drug possession charges depend on both the substance and the weight involved: under Health & Safety Code §481.115, possessing a Penalty Group 1 substance like cocaine or methamphetamine is a state jail felony under 1 gram, a third-degree felony from 1 to under 4 grams, and a second-degree felony from 4 to under 200 grams. Marijuana is classified separately under §481.121: under 2 ounces is a Class B misdemeanor, 2 to 4 ounces is a Class A misdemeanor, and 4 ounces to 5 pounds is a state jail felony.
Can a Criminal Record in Longview, Texas Be Cleared?
Texas offers two genuinely different record-clearing paths, and which one applies depends entirely on how the case ended: expunction under Code of Criminal Procedure Chapter 55A destroys the record but only when there was no conviction, meaning an acquittal, a dismissal, or a case where the statute of limitations ran without an indictment, after a waiting period of 180 days (Class C), 1 year (Class A/B), or 3 years (felony). A successfully completed deferred adjudication doesn’t qualify for expunction at all; that’s what a Government Code Chapter 411 nondisclosure order is for instead, and the two statutes aren’t interchangeable.
Gregg County's Courts and Jail
Gregg County’s Sheriff’s Office is headquartered inside the county courthouse itself in downtown Longview, but the county actually operates jail space across three separate facilities, the courthouse-based South Jail, a North Jail on Whaley Street, and the Marvin A. Smith Facility, rather than one central detention building.
Closest service areas: the Tyler criminal defense resource, our Mckinney page.
Frequently Asked Questions
What’s a personal bond, and is it available?
A personal bond releases a defendant without posting money, subject to conditions, and it’s evaluated under the same Damon Allen Act factors as any other bail decision.
How fast does an appointed attorney have to be assigned?
Gregg County falls below the Fair Defense Act’s 250,000-population line, so the appointment clock is 3 working days, the slower of the two statutory tiers.
Does a prior conviction affect how a new charge is sentenced in Texas?
Yes, Penal Code Chapter 12’s habitual/repeat-offender enhancements can raise a charge’s punishment range by a full degree or more for a second or subsequent felony, on top of whatever the current charge alone would carry.
When does a theft charge become a felony in Texas?
At $2,500 or more in alleged value; below that, theft under Penal Code §31.03 is a misdemeanor (Class C under $100, Class B under $750, Class A under $2,500), and at $2,500 it becomes a state jail felony, escalating from there by value.
Does a DWI arrest affect a driver’s license before the criminal case is decided?
Yes, under Transportation Code §724.041, a driver has only 15 days from notice to request an Administrative License Revocation hearing, a civil process that runs independently of the criminal case.
How long does a Texas expunction actually take once it’s eligible?
There’s no fixed statutory turnaround, but a Chapter 55A petition typically takes several months from filing to a court order once all agencies with the record have been properly served and given a chance to object.
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Whether it’s a misdemeanor in County Court at Law or a felony in District Court, a Longview case moves forward with or without a defense strategy in place, which is exactly why getting one started early matters.
