Felonies are the most severe type of criminal offense in Texas, punishable by up to life imprisonment and a $10,000 fine.
The Texas legislature divides felonies into five distinct categories: Capital, 1st Degree, 2nd Degree, 3rd Degree, and State Jail Felonies.
Capital Felonies
Capital felonies are offenses that are punishable by death or life in prison without parole. Capital murder is an example of a capital felony in Texas.
1st Degree Felonies
1st Degree felonies are offenses punishable by life in prison, or imprisonment for a time between 5 and 99 years, and up to a $10,000 fine. Some examples of 1st Degree felonies include:
- Murder
- Aggravated Assault
- Aggravated Sexual Assault
- Sexual Assault Against a Child
- Aggravated Kidnapping
- Theft of Property ($300,000 or more)
- Possession of a Controlled Substance (200 grams – 400 grams)
2nd Degree Felonies
2nd Degree felonies are offenses punishable by imprisonment for a time between 2 and 20 years, and up to a $10,000 fine. Some examples of 2nd Degree felonies include:
- Sexual Assault
- Robbery
- Manslaughter
- Intoxicated Manslaughter
- Possession of Marijuana (more than 50 pounds)
- Indecent Contact with a Child
- Theft of Property ($150,000 – $300,000)
- Possession of a Controlled Substance (4 grams – 200 grams)
3rd Degree Felonies
3rd Degree felonies are offenses punishable by imprisonment for a time between 2 and 10 years, and up to a $10,000 fine. Some examples of 3rd Degree felonies include:
- Driving While Intoxicated (3rd Offense)
- Felon in Possession of a Firearm
- Tampering with Evidence
- Indecent Exposure to a Child
- Theft of Property ($30,000 – $150,000)
- Possession of a Controlled Substance ( gram – 4 grams)
State Jail Felonies
State Jail Felonies are offenses punishable by confinement in a state jail for a time between 180 days and 2 years, and up to a $10,000 fine. Some examples of State Jail Felonies include:
- Theft of Property ($2,500 – $30,000)
- Theft of a Firearm
- Possession of a Controlled Substance (less than 1 gram)
Felony convictions carry with them serious consequences, not only regarding time spent in prison or a substantial fine being owed, but also in making obtaining employment and pursuing goals in life much more difficult. If you have been charged with a felony, it is crucial to have a team of skilled attorneys navigate you through the criminal justice system and fight to ensure your rights are protected. Let us help.