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Bell County, like every Texas county, separates felony and misdemeanor criminal jurisdiction into different courts: District Court for felonies arising out of Temple, County Court at Law for Class A and B misdemeanors. Whether a record can later be cleared, and which of Texas’s two very different processes actually applies, is covered further down this page. Getting that classification right matters early, since it determines everything from which court hears the case to how bail is set.
How Bail Actually Gets Set After an Arrest in Temple
Texas’s Damon Allen Act (Senate Bill 6, 2021) rewrote how bail gets set: a magistrate can no longer rely on a fixed bail schedule and instead has to individually weigh the nature of the offense, the defendant’s actual ability to pay, the safety of any victim, law enforcement, and the community, and the defendant’s criminal history, including any prior failures to appear. Texas Constitution Article I, Section 11 still guarantees a right to bail for virtually every offense except a capital one where the proof is evident, and a personal bond, meaning release without posting money subject to conditions, is evaluated under those same Damon Allen Act factors rather than a separate standard. Before any of this happens, Article 15.17 of the Code of Criminal Procedure requires a magistration hearing within 48 hours of arrest, the point where the charges are formally read, the right to counsel is explained, and a magistrate first sets bail conditions. Because Bell County’s population exceeds 250,000, the Fair Defense Act (Code of Criminal Procedure Article 1.051) requires a court to appoint counsel for an indigent defendant within 1 working day of the request, not the longer 3-day window smaller counties get.
Penalties Under Texas Law: What a Conviction Actually Means
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. Separate from the criminal case, a DWI arrest triggers a civil, administrative consequence: under Transportation Code §724.041, a driver has only 15 calendar days from notice to request a hearing on the license suspension, or the suspension takes effect automatically 40 days after notice. That administrative process runs on its own clock under Texas’s implied-consent law and proceeds independently of whatever happens in the criminal case itself.
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Assault, Theft, and Drug Charges Under Texas Law
A simple assault charge under §22.01 isn’t always the same offense: threatening someone or making offensive contact can be a fine-only Class C misdemeanor, while causing bodily injury is usually charged as a Class A misdemeanor, and certain victim categories, such as a public servant, a family member, or someone in a dating relationship, can push it to a felony instead. 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. Texas grades drug possession by weight, not a flat charge: a Penalty Group 1 substance (§481.115), with cocaine and methamphetamine as common examples, is a state jail felony under 1 gram, escalating to a third-degree felony at 1 to under 4 grams and a second-degree felony at 4 to under 200 grams. Marijuana runs on its own separate scale under §481.121, starting at a Class B misdemeanor under 2 ounces.
What Texas Actually Offers: Expunction or Nondisclosure
Expunction (Code of Criminal Procedure Chapter 55A, which replaced the former Chapter 55 on January 1, 2025) is not available for a conviction or for successfully completed deferred adjudication; that’s what an order of nondisclosure, under Government Code Chapter 411, is actually for. Certain offenses are permanently excluded from nondisclosure no matter how the case resolved, including any offense involving family violence and most sex offenses.
Bell County's Courts and Jail
Neither Temple nor Killeen is Bell County’s seat: both cities’ cases funnel into the Justice Center in Belton, where the 27th, 264th, and 426th District Courts hear felonies and three County Courts at Law hear misdemeanors, with the Sheriff’s Office running two jail facilities, the Central Jail and the Loop Jail, both also in Belton.
Also serving: criminal defense representation from Killeen.
Frequently Asked Questions
How is bail set after an arrest in Bell County?
A magistrate has to individually weigh the offense, the defendant’s ability to pay, public safety, and criminal history under the Damon Allen Act (CCP Art. 17.15), not apply a fixed bail schedule.
Why does county population matter for the appointment deadline?
In Bell County, which is over the Fair Defense Act’s 250,000-population threshold, appointed counsel must be assigned within 1 working day of the request.
Can a Class C misdemeanor in Texas result in jail time?
No, a Class C misdemeanor under Penal Code §12.23 is fine-only, up to $500, with no jail exposure at all, the mildest of Texas’s three misdemeanor classes.
What turns a simple assault into aggravated assault?
Causing serious bodily injury or using or exhibiting a deadly weapon during the assault: either one moves the charge from Penal Code §22.01 to §22.02’s aggravated assault, a second-degree felony (or first-degree in certain family or dating-violence contexts).
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.
Does a nondisclosure order remove a record from a background check entirely?
Not from every one: a nondisclosure order under Government Code Chapter 411 seals a record from public and most private-employer background checks, but the record remains visible to certain government agencies and licensing boards.
The Clock Is Already Running
Whether it’s a misdemeanor in County Court at Law or a felony in District Court, a Temple case moves forward with or without a defense strategy in place, which is exactly why getting one started early matters.
