Legal Question in Criminal Law in Texas

Re: Retroactive application of new laws

First, Unauthorized Use of a Vehicle(UUV) in Texas is not a misdemeanor it is a felony. The statute for this offense is found under �31.07. "Unauthorized use of a vehicle" in the Texas Penal Code. That statute provides: "(a) A person commits an offense if he intentionally 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 Penal Code under Section 12.35 further defines a State Jail Felony as: "(a)...an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days. (b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000."

What you are not understanding is that at one time Unauthorized Use of a Vehicle in Texas was third degree felony and the Texas Legislature, several years ago, rearranged the punishments and added a new penealty called the "State Jail Felony" and reduced this particular offense from a third degree felony to a lower class of felony, i.e., State Jail Felony. However, it is still a felony and not a misdemeanor. I cannot figure out what the State Attorney General's Office has told you since they do not handle criminal offenses in Texas.