Legal Question in Criminal Law in Texas

Re: Judge refuses to comply with newer state law

Your sons case will depend on how it has been charged. Unauthorized use of a Vehicle TPC 31.07 is a State Jail Felony. Theft is 31.03 and the penalty grade depends on the value of the item taken and can be from a Class C misdemeanor up to a 1st degree felony. Burglary of a Motor Vehicle is a Class A under TPC 30.04.

Re: Judge refuses to comply with newer state law

I am not sure who may have told you that Unauthorized Use of a Vehicle is a misdemeanor, but it is not. It is a State Jail Felony, the lowest of the felony offenses under State law.

Section 31.07. titled "Unauthorized use of a vehicle" is located in the Texas Penal Code and it provides:

(a) A person commits an offense if he inentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner.

b) An offense under this section is a state jail felony.

The punishment for a State Jail Felony is a minimum of 180 days in the State Jail up to a maximum of two (2) years with the possibility of an additional fine of up to $10,000.00.

Unauthorized Use of a Motor Vehicle use to be a third Degree Felony but back in 1996 when the State Jail Offenses were added to the Penal Code, the punishment was lowered to that of a State Jail Felony. Part of the reason for this was because Counties were having to build and help pay for State Jails, hence relieving the over-crowding and complete expense in the State prison.

I hope this answers your question, although it is probably not what you wanted to hear.