The 8 Most Common Criminal Charges Filed in Williamson County and Their Penalties

Most people who get arrested in Williamson County aren't facing capital murder or a cartel case. They're facing one of a handful of charges that show up in the county's courts week after week: DWI, drug possession, assault, theft, family violence, evading arrest, criminal mischief, or marijuana possession. Some of these carry a fine and a court date. Others carry a felony conviction and years in prison, and the line between the two often comes down to a detail most people wouldn't expect: a dollar amount, a prior conviction, or a single word in a police report.

Below, our criminal defense lawyer breaks down the eight charges Williamson County prosecutors file most often, the exact Texas Penal Code or Health and Safety Code section behind each one, and what a conviction actually carries.

1. Driving While Intoxicated (DWI)

Under Texas Penal Code § 49.04, DWI is charged when a person operates a motor vehicle in a public place while intoxicated.

• First offense: 72 hours to 180 days in jail and a fine of up to $2,000. If BAC is 0.15 or higher, or an open container was in the vehicle, the penalty jumps to up to 1 year in jail and a fine of up to $4,000.
• Second offense: 30 days to 1 year in jail and a fine of up to $4,000.
• Third or subsequent offense: 2 to 10 years in prison and a fine of up to $10,000.

Many DWI cases live or die on the traffic stop itself. If the stop or the search that followed wasn't legally justified, or if the charge stemmed from a location that wasn't truly a "public place", that can undercut the entire case.

2. Possession of a Controlled Substance

Possession of a controlled substance is governed by Texas Health and Safety Code § 481.115 for Penalty Group 1 substances (cocaine, methamphetamine, heroin, and similar drugs), the most commonly charged group. Other penalty groups carry different weight thresholds.

• Less than 1 gram: 180 days to 2 years in state jail and a fine of up to $10,000.
• 1 to less than 4 grams: 2 to 10 years in prison and a fine of up to $10,000.
• 4 to less than 200 grams: 2 to 20 years in prison and a fine of up to $10,000.
• 200 to less than 400 grams: 5 to 99 years or life in prison and a fine of up to $10,000.
• 400 grams or more: 10 to 99 years or life in prison and a fine of up to $100,000.

Every degree of this charge is a felony. These cases frequently turn on how the drugs were found, meaning a challenge to the stop, the search, or the chain of custody can be as important as anything else in the file. See our drug crimes defense page to learn more about how we approach these cases.

3. Assault

Under Texas Penal Code § 22.01, assault covers intentionally, knowingly, or recklessly causing bodily injury, threatening imminent bodily injury, or making offensive physical contact.

• Threats or offensive contact with no injury: Fine only, up to $500.
• Causing bodily injury: Up to 1 year in jail and a fine of up to $4,000.
• Committed against a public servant, or with certain other enhancements: 2 to 10 years in prison and a fine of up to $10,000.

Self-defense is one of the most common and most successful defenses to an assault charge, and Texas's Castle Doctrine and stand-your-ground protections can apply well beyond someone's own home. If a weapon was involved or the alleged injury was serious, the charge escalates further into aggravated assault territory.

4. Theft

Texas Penal Code § 31.03 grades theft on a value ladder that runs from a fine-only offense to a first-degree felony.

• Under $100: Fine only, up to $500.
• $100 to under $750: Up to 180 days in jail and a fine of up to $2,000.
• $750 to under $2,500: Up to 1 year in jail and a fine of up to $4,000.
• $2,500 to under $30,000: 180 days to 2 years in state jail and a fine of up to $10,000.
• $30,000 to under $150,000: 2 to 10 years in prison and a fine of up to $10,000.
• $150,000 to under $300,000: 2 to 20 years in prison and a fine of up to $10,000.
• $300,000 or more: 5 to 99 years or life in prison and a fine of up to $10,000.

Certain property, like firearms or property taken directly from a person, is a state jail felony regardless of value, and two or more prior theft convictions can push even a small-value theft into felony territory. If a theft case is dismissed or resolved favorably, it may also open the door to clearing your record through an expunction.

5. Assault Family Violence

Assault Family Violence is charged under the same § 22.01, but the alleged victim's relationship to the accused, such as a spouse, family member, household member, or dating partner, changes how the case is handled and what can enhance it.

• First offense causing bodily injury: Up to 1 year in jail and a fine of up to $4,000.
• With a prior family violence conviction: 2 to 10 years in prison and a fine of up to $10,000.
• Involving strangulation or suffocation, even on a first offense: 2 to 10 years in prison and a fine of up to $10,000.
• Strangulation combined with a prior family violence conviction: 2 to 20 years in prison and a fine of up to $10,000.
• Two or more family violence incidents within 12 months (Continuous Violence Against the Family, Penal Code § 25.11): 2 to 10 years in prison and a fine of up to $10,000.

These cases often include an emergency protective order restricting contact, which can affect custody, housing, and firearm rights independent of the criminal case. As with any assault charge, self-defense is frequently a central issue in family violence cases where both parties were involved in the altercation.

6. Evading Arrest or Detention

Texas Penal Code § 38.04 applies when someone intentionally flees from a person they know is a peace officer attempting a lawful arrest or detention.

• On foot, no prior conviction: Up to 1 year in jail and a fine of up to $4,000.
• Using a vehicle or watercraft, or with a prior conviction: 180 days to 2 years in state jail and a fine of up to $10,000.
• Resulting in serious bodily injury to another: 2 to 10 years in prison and a fine of up to $10,000.
• Resulting in death: 2 to 20 years in prison and a fine of up to $10,000.

This charge frequently follows a traffic stop that escalates in the moment. Whenever a vehicle is involved, the same questions that come up in vehicle search cases, whether the stop was lawful and what the officer actually observed, often shape the entire defense.

7. Criminal Mischief

Texas Penal Code § 28.03 covers intentionally or knowingly damaging, destroying, or tampering with someone else's property, including vandalism and graffiti, and is graded on the same value ladder as theft.

• Under $100: Fine only, up to $500.
• $100 to under $750: Up to 180 days in jail and a fine of up to $2,000.
• $750 to under $2,500: Up to 1 year in jail and a fine of up to $4,000.
• $2,500 to under $30,000: 180 days to 2 years in state jail and a fine of up to $10,000.
• $30,000 or more: 2 to 10 years in prison or higher, and a fine of up to $10,000.

Damage to certain property, like schools or critical infrastructure, can trigger felony charges regardless of the dollar amount. Because these charges hinge so heavily on a dollar valuation, the same property-crime defense strategies that apply to theft cases, challenging the valuation, ownership, or intent, often apply here too.

8. Possession of Marijuana

Texas Health and Safety Code § 481.121 sets penalties for marijuana possession by weight.

• 2 ounces or less: Up to 180 days in jail and a fine of up to $2,000.
• 2 to 4 ounces: Up to 1 year in jail and a fine of up to $4,000.
• 4 ounces to 5 pounds: 180 days to 2 years in state jail and a fine of up to $10,000.
• 5 to 50 pounds: 2 to 10 years in prison and a fine of up to $10,000.
• 50 to 2,000 pounds: 2 to 20 years in prison and a fine of up to $10,000.
• Over 2,000 pounds: 5 to 99 years or life in prison and a fine of up to $50,000.

The overwhelming majority of marijuana possession cases in Williamson County involve small, personal-use amounts.

Williamson County Charges Cheat Sheet

The Charge on the Police Report Isn't the Final Word

Statutes and penalty ranges tell you what's possible, not what's inevitable. Whether a DWI holds up depends on how the stop and testing were conducted. Whether a theft or criminal mischief charge is really a felony often comes down to a contested valuation. Whether an assault becomes a felony can turn on a single prior conviction or a disputed detail in the police narrative. These are the exact points where an experienced defense makes the difference between a conviction and a dismissal.

Attorney Ryan H. Deck built his practice around these cases, first as a prosecutor deciding how to charge them and now as a defense attorney finding where they fall apart. Contact us today to talk through your charge and what comes next.