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Your Wichita Falls Criminal Defense Attorney
In Texas, the severity of the charge decides the courtroom: a Wichita Falls felony case goes to Wichita County’s District Court, while a Class A or B misdemeanor goes to its County Court at Law. The specific classification a charge falls into, and what that means for sentencing and bail, is covered further down this page. Working through these distinctions early, rather than after a hearing has already happened, is usually the more effective approach.
Bail and Pretrial Release in Wichita County
Bail reform in Texas didn’t eliminate bail; it changed how it’s set: a magistrate now has to weigh the Damon Allen Act’s specific factors, and Texas Constitution Article I, Section 11(a) still allows bail to be denied outright for certain repeat or violent offenders. Short of that narrow denial power, every other case still proceeds through an individualized bail-setting process rather than a flat schedule tied only to the charge. 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. Wichita 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.
Sentencing Ranges in Wichita Falls, Texas Criminal Cases
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. A DWI with a passenger under 15 in the vehicle is charged as a state jail felony under Penal Code §49.045 regardless of whether it’s a first offense, a real escalation most first-time-DWI assumptions don’t account for. The more familiar escalation, Class B on a first offense, Class A with a mandatory 30-day minimum on a second, third-degree felony on a third, still applies to every other DWI arrest under §49.09.
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Three of the Most Common Charges We See in Wichita County
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. Texas doesn’t charge every theft the same way: §31.03 scales the classification directly to the value taken, from a Class C misdemeanor under $100 through a state jail felony at $2,500, and on up to a first-degree felony once the value reaches $300,000. 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 Wichita Falls, 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.
Wichita County's Courts and Jail
Wichita County keeps its jail and courthouse at the same address on 7th Street in Wichita Falls, though the Sheriff’s Office itself is headquartered separately on Central Freeway East; felony cases are heard in the 30th or 89th District Courts.
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.
Does county population really affect the appointment deadline?
Yes, the Fair Defense Act (CCP Art. 1.051) sets a 3-working-day deadline in a county under 250,000 population, which includes Wichita County, versus 1 working day in Texas’s largest counties.
How much can a DWI actually cost in jail time?
A first DWI is typically a Class B misdemeanor (3 to 180 days) unless the BAC is 0.15 or higher (Class A, up to a year); a second offense is a Class A misdemeanor with a mandatory 30-day minimum; a third is a third-degree felony.
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.
What happens if I don’t request an ALR hearing in time?
The 15-day window under Transportation Code §724.041 isn’t extendable; missing it results in an automatic license suspension taking effect on day 40 after the arrest, regardless of how the underlying criminal DWI case turns out.
Can a conviction ever be expunged in Texas?
No, expunction under Chapter 55A is not available for a conviction, including one where probation was successfully completed; a nondisclosure order is the applicable process for a successfully completed deferred adjudication instead.
Don't Face This Alone
From the moment of arrest, a Wichita Falls criminal case starts moving immediately, and decisions made in the first few days can shape everything that follows.
