WHAT IS A FELONY CRIME IN TEXAS
Felonies are the most serious type of criminal charges under Texas law. There are five levels of felony charges in Texas with varying terms of imprisonment and monetary fines. Importantly, all felonies are punishable by lengthy prison terms, with the most severe of these subject to the death penalty or life without parole.
In addition to significant criminal penalties, felony convictions impose devastating collateral consequences including loss of employment, professional licensing hurdles, and the suspension of important constitutional rights like the right to own firearms and the right to vote.
Felony charges in Texas are no joke and should not be handled without skilled and knowledgeable legal representation.
- Is jail time mandatory for a felony in Texas? No, many felonies, especially non-violent felonies, are eligible for probation in Texas. Probation is an alternative to incarceration where a person serves the sentence under community supervision rules and requirements. Texas prosecutors are infamous for “tough-on-crime” approaches which can make it tough to secure probation on felony charges. However, the experienced Criminal Defense Lawyers at Trey Porter Law have a successful track record of securing probation and getting charges dismissed and reduced.
- How much time do you get for a felony in Texas? Pursuant to Chapter 12 of the Texas Penal Code, the minimum prison sentence for any felony in Texas is 180 days while the maximum is life without parole.
Texas judges or (in some cases) juries determine felony sentencing, including jail time. They do this by evaluating the classification of the charge, the facts of the case, and the defendant’s characteristics, such as their criminal history. Felony sentencing is also often determined by the plea bargain process.
The full range of Texas felony penalties including prison sentences is detailed below.
FELONY CLASSIFICATION IN TEXAS
As set forth in Texas Penal Code section 12.04, felonies are classified according to their severity in the following five categories:
- Capital Felonies
- Felonies of the First Degree
- Felonies of the Second Degree
- Felonies of the Third Degree
- State Jail Felonies
CAPITAL FELONIES IN TEXAS
Capital felony is the most severe felony in Texas and the only crime punishable by the death penalty. The punishment for a capital felony conviction is set forth in section 12.31 of the Texas Penal Code, as follows:
In cases where the prosecution seeks the death penalty, a capital felony conviction is punishable by death or life without parole.
In cases where the prosecution does not seek the death penalty, a capital felony conviction is punishable by a mandatory imprisonment term of life without parole if the individual committed the offense while 18 years of age or older – the punishment is life with the possibility of parole for individuals who committed the offense while younger than 18 years of age.
- Examples of Capital Felonies in Texas
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- Capital Murder – Capital Murder is the only Capital Felony in Texas. Capital Murder is when a person commits murder while also committing another felony, such as Robbery. Capital Murder also occurs if a person kills a police officer or fireman, a child younger than 10 years of age, or 2 or more individuals during the same criminal episode.
TEXAS FIRST DEGREE FELONIES
The punishment for a First Degree Felony in Texas is a term of imprisonment with the Texas Department of Criminal Justice (TDCJ) of 5 to 99 years, or life, and a fine of up to $10,000, according to Texas Penal Code section 12.32. Aside from Capital Felony, First Degree Felony is the most severe criminal classification in Texas.
- Examples of First Degree Felonies in Texas:
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- Murder – The intentional killing of another. Murder is also when the death is not intentional. Texas has one of the highest homicide rates in the United States, according to the National Center for Health Statistics. Murder is a serious felony subject to lengthy confinement.
- Aggravated Sexual Assault – Committing sexual assault using a deadly weapon, or causing serious bodily injury or attempting to cause the death of the victim. Aggravated Sexual Assault is also when person sexually assaults a child younger than 14 – in certain cases, this offense carries a 25 year minimum jail sentence, making it one of the harshest felonies in Texas.
- Aggravated Robbery – This offense occurs when a person commits a Theft and causes serious bodily injury or uses a deadly weapon. Those who injure an elderly or disabled individual may also be charged under this offense.
TEXAS SECOND DEGREE FELONIES
Pursuant to Texas Penal Code section 12.33, Second Degree Felony carries a punishment range of 2 to 20 years of confinement and a maximum fine of $10,000. Many Second Degree Felonies are enhanceable to higher-level offenses depending on the circumstances of the case.
- Common Second Degree Felonies in Texas:
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- Burglary of a Habitation – If the individual entered another’s residence with the intent to commit Theft or Assault, or attempted to or actually committed Theft or Assault.
- Manslaughter – An unintentional killing where a person commits a needlessly reckless act that causes the death of another.
- Aggravated Assault – An Assault that causes serious bodily injury or is committed with the use of a deadly weapon.
TEXAS THIRD DEGREE FELONIES
Texas Third Degree Felony punishment is a term of imprisonment of 2 to 10 years with the Texas Department of Criminal Justice (TDCJ) and a maximum $10,000 fine. Similar to other felonies, Third Degree Felonies can be enhanced to higher-level charges depending on the facts of the offense.
- Examples of Third Degree Felonies in Texas:
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- Kidnapping – Does not have to involve a child but occurs when a person takes another and holds and secretes them in a location where they are not likely to be found.
- Continuous Violence Against the Family – Committing Assault involving Family Violence at least twice during a 12-month period.
- Evading Arrest in a Vehicle – When a person uses a motor vehicle to intentionally flee from a police officer attempting to make a lawful stop or arrest.
TEXAS STATE JAIL FELONIES
State Jail Felonies are punishable by a 180 day to 2 year term of confinement in a state jail and a maximum fine of $10,000, according to Texas Penal Code section 12.35. State Jail Felony is the lowest-level felony classification in Texas law.
- Common State Jail Felonies in Texas:
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- Unauthorized Use of a Vehicle – Using another person’s boat, plane, or motor vehicle without the owner’s consent.
- Criminally Negligent Homicide – An unintentional killing resulting from a “criminally negligent act,” defined as conduct that grossly deviates from reasonable standards of care.
- Driving While Intoxicated with Child Passenger – Operating a motor vehicle while intoxicated (DWI) with a passenger under 15 years of age in the vehicle.
WHAT TO DO IF YOU GET CHARGED WITH A FELONY IN TEXAS?
Immediately contact an experienced criminal defense attorney if you are charged with a felony in Texas. Texas felony charges can ruin your life forever. A defense lawyer can review court dates and requirements for compliance with bond conditions to avoid an arrest warrant for a simple violation, all while building your defense.
Those under felony investigation should politely refuse all search requests, invoke their right to remain silent, and ask for an attorney as this can preserve important legal defenses like the suppression of evidence.
Texas felonies are ultimately serious charges requiring the immediate assistance of an attorney to preserve and begin building an effective defense.
- Can a felony be reduced in Texas? Yes, felony charges can be reduced to lower-level charges, including misdemeanors, through an effective plea bargain and mitigation defense.
Additionally, State Jail Felony charges can be reduced to misdemeanors by operation of a 12.44 reduction.
TEXAS FELONY DEFENSES
There are several important defenses applicable to numerous felonies in Texas.
It should be noted that building an effective Texas felony defense requires a knowledge of criminal procedure, the ability to identify and exploit weaknesses in the prosecution case, and skilled legal advocacy – the experienced Texas Criminal Defense Lawyers at Trey Porter Law have a proven record of winning big cases and securing big-time results across the state.
Here are top felony defenses in Texas:
- Self-Defense – Pursuant to Texas Penal Code section 9.31, A person can use force, including deadly force, if they reasonably believe the use of such force is necessary to prevent another’s unlawful use of force. A person can even use force to prevent harm to a third person (which is known as Defense of Third Person)! Self Defense is Applicable to Aggravated Assault cases and even Murder!
- Suppression of Evidence – Police must follow constitutional search and seizure laws. If they cut corners, broke the law, or illegally obtained evidence, a Motion to Suppress Evidence is a legal filing that can result in the exclusion of all evidence and a felony dismissal!
- Good Samaritan Law – This important legal defense is available in many felony drug cases for individuals who request assistance and remain to cooperate with officials during a medical emergency like a drug overdose.
HOW TO FIGHT A FELONY CHARGE?
Knowing your rights and understanding the facets of your felony charge is crucial. Importantly, a Defendant has the presumption of innocence and the prosecutor has the burden of proof, which means they must prove their case beyond a reasonable doubt.
An effective felony defense will investigate the circumstances of the offense, discern weaknesses in the district attorney’s case, and explore any appropriate and relevant legal defenses.
You can’t win if you don’t fight. Securing the assistant of a skilled criminal defense lawyer is a critical first step to beating a Texas felony charge.
- What is the lowest type of felony? State Jail Felony is the lowest-level felony classification in Texas. A State Jail Felony is subject to a term of imprisonment of 180 days to 2 years in a state jail. It also carries a maximum $10,000 fine.
- Can felony charges be dropped in Texas? Felony charges are dropped, reduced, and resolved without conviction everyday in Texas courts. However, Texas is infamous for being “tough on crime,” especially with felonies, so this requires a deliberate legal strategy.
WHAT IS THE 3 FELONY RULE IN TEXAS?
The 3 felony rule is the Habitual Felony Enhancement in Texas Penal Code section 12.42. These rules impose a 25-year minimum term of confinement for certain criminal Defendants facing a third felony charge.
- How long does a felony stay on your record in Texas? Forever. Felonies do not go away in Texas – they remain on criminal records after 7, 10, and 20 years, even if they are dismissed!
The only way to remove a felony from your record is by expungement. Expungement is a powerful legal process that deletes all records of qualifying felony charges in Texas.
CAN YOU GET PROBATION FOR A FELONY IN TEXAS?
Yes! Probation is available as an alternative to incarceration for many felony charges in Texas. Probation eligible felonies include intoxication felonies, like DWI-Third Offense and Intoxication Assault, and felony drug offenses like Possession of a Controlled Substance – Penalty Group 1.
Additionally, many Texas felonies are also eligible for Deferred Adjudication, which is a type of community supervision that can result in a felony dismissal upon completion of probation.
Felony probation eligibility is often a complex determination so it should be carefully considered with the assistance of a knowledgeable and experienced Texas criminal defense attorney.
HOW DOES A FELONY AFFECT YOUR LIFE IN TEXAS?
Felony charges are the most severe criminal offense in Texas and can devastate anyone’s life and livelihood.
A felony arrest results in immediate bond conditions that significantly restrict a person’s day-to-day liberties. These include curfew, frequent drug testing, and even confinement to house arrest in certain cases. Additionally, a mere arrest will result in a cancellation of an individual’s license to carry a firearm.
A felony conviction can destroy a person’s employment and career aspirations. For example, nurses, members of the military, and financial professionals are subject to revocation or removal for felony charges.
Additionally, a felony conviction will cause the loss of an individual’s right to own and carry a firearm, and their right to vote.
TEXAS FELONY CHARGES
Don’t let a felony charge derail your life. Texas law is complex, and the consequences of a conviction can be severe. But you don’t have to face these challenges alone. Trey Porter Law has a proven track record of success in defending against a wide range of felony charges, from drug possession and assault to more serious offenses.
We understand the importance of protecting your rights and fighting for the best possible outcome. Contact us today for a free consultation and let us put our experience and expertise to work for you.
