Penal Code
In this section
Title 1 — General Provisions Title 2 — Offenses Against Persons Title 3 — Offenses Against Property Title 4 — Fraud, Financial, and Cyber Offenses Title 5 — Public Order and Community Safety Title 6 — Government, Courts, and Administration of Justice Title 7 — Weapons and Explosives Title 8 — Controlled Substances Title 9 — Motor Vehicles and Traffic Title 10 — Business, Licensing, and Regulated Activity Title 11 — Emergency Services and Critical Infrastructure Title 12 — Wildlife, Animals, and the Environment Title 13 — Aviation, Maritime, and Rail Title 14 — Sentencing Enhancements and Administrative Penalties Title 15 — Field Reference Appendixes
Docs / Penal Code / Title 15 — Field Reference

Title 15 — Field Reference

3 min read
Updated 10h ago
2 views

§ 15.01 — Citation, arrest, and charging guide

SituationPreferred response
Infraction; identity confirmed; no continuing dangerWarning or citation.
M3 or M2; cooperative person; no victim-safety concernCitation or summons unless repeat conduct, flight risk, or law requires arrest.
M1Custodial arrest permitted; consider citation only where policy and safety allow.
FelonyCustodial arrest on probable cause, subject to warrant rules and agency policy.
Domestic violence, protection-order violation, stalking, or credible threatPrioritize victim separation, weapon inquiry, protection-order check, and mandatory-arrest policy where applicable.
Impairment or behavioral crisis without serious crimeConsider protective custody, EMS, treatment, or diversion.

§ 15.02 — Common charging scenarios

Armed convenience-store robbery

  • Armed robbery, § 3.21.
  • Firearm possession by prohibited person, § 7.12, if independently supported.
  • Unlawful firearm transfer or defaced firearm, if independently supported.
  • Assault counts only for distinct injury or conduct beyond force inherent in the robbery.
  • Vehicle fleeing, § 6.04 or §§ 9.91–9.92, if a pursuit occurs.

Residential burglary

  • Burglary in the second degree, § 3.24; first degree if armed, occupied, or injury occurs.
  • Theft graded by aggregate value.
  • Criminal mischief for distinct forced-entry damage.
  • Possession of burglary tools only when criminal intent is independently shown.

Stolen vehicle pursuit

  • Grand theft motor vehicle or possession of stolen vehicle—not both for the original thief.
  • Felony vehicular fleeing; aggravated fleeing when its additional elements exist.
  • Reckless driving may be charged for a distinct course of dangerous conduct.
  • Hit and run for each collision from which the driver knowingly fails to stop.

Drug sale

  • Possession with intent/distribution or trafficking based on substance, quantity, and evidence.
  • Do not also charge simple possession for the same quantity.
  • Firearm and drug-premises offenses require their own elements.
  • Cash alone does not establish distribution or laundering.

Shooting incident

  • Determine justification before charging.
  • Charge homicide or assault based on intent and injury.
  • Unlawful discharge applies when discharge creates a distinct public danger not fully included in the assaultive count.
  • Each intentionally targeted victim may support a separate count.

Protest or crowd event

  • Protect lawful speech, recording, and assembly.
  • Identify specific criminal conduct and the responsible actor.
  • Give clear warnings and a reasonable chance to comply before failure-to-disperse charges.
  • Do not infer riot participation from proximity, clothing, viewpoint, or association alone.

§ 15.03 — Probable-cause checklist

Before adding a count, record:

  1. Conduct: What act or omission occurred?
  2. Mental state: What facts show intent, knowledge, recklessness, or negligence?
  3. Circumstance: What fact made the conduct unlawful—lack of consent, value, prohibited status, location, order, or license?
  4. Result: What injury, damage, risk, loss, or disruption occurred?
  5. Identity: What links the suspect to the act?
  6. Defense: Is there apparent self-defense, necessity, consent, lawful authority, or factual mistake?
  7. Merger: Is the proposed count merely a lesser-included or duplicative charge?
  8. Evidence: What witness, video, physical item, record, admission, or observation supports each element?

§ 15.04 — Sentence reference

GradeCustodyFineShorthand
I0$500Infraction
M35$1,000Minor misdemeanor
M210$2,500Standard misdemeanor
M120$5,000Serious misdemeanor
F530$10,000Low felony
F445$15,000Standard felony
F360$25,000Serious felony
F290$50,000Major violent/enterprise felony
F1120$100,000Highest ordinary felony
LF180 or life$250,000Life felony

§ 15.05 — Administrative customization points

The following may be changed by server policy without altering the substantive definitions:

  • custody-month conversion;
  • fine amounts and economy scaling;
  • legal cannabis age and possession limit;
  • controlled-substance item weights and trafficking thresholds;
  • firearm license and open-carry policy;
  • driver-license point review period;
  • agency citation-versus-arrest policy;
  • protected zones and posted restricted locations;
  • wildlife seasons and limits; and
  • business license categories.

Substantive changes to offense elements, grade, available defenses, or enhancement rules should be adopted as a numbered Code amendment.


Was this helpful?

Comments

No comments yet. Be the first!
On this page
§ 15.01 — Citation, arrest, and charging guide § 15.02 — Common charging scenarios Armed convenience-store robbery Residential burglary Stolen vehicle pursuit Drug sale Shooting incident Protest or crowd event § 15.03 — Probable-cause checklist § 15.04 — Sentence reference § 15.05 — Administrative customization points