A felony is the most severe category of criminal offense under Texas law. These crimes are punishable by more than one year in state prison and, in the most serious cases, can lead to life imprisonment or even the death penalty. Felonies cover a wide range of conduct (from certain weapons crimes to white-collar offenses) and carry lifelong consequences for anyone convicted.
If you’re facing a felony charge, understanding how Texas defines and classifies these crimes is an important first step in protecting your rights and your future.
How Are Felonies Classified in Texas?
Texas uses a tiered system to classify felonies by severity. These classifications determine both the potential punishment and the court in which the case is heard.
The Texas Penal Code divides felonies into five main categories, plus capital felonies for the most extreme cases:
- Capital felony: The highest level under Texas law. A conviction can result in life in prison without parole or the death penalty. Capital murder is the primary example.
- First-degree felony: Punishable by 5 to 99 years or life in prison and fines of up to $10,000. Examples include aggravated robbery, murder, and sexual assault of a child.
- Second-degree felony: Carries 2 to 20 years in prison and fines up to $10,000. Common examples include manslaughter and certain drug trafficking charges.
- Third-degree felony: Punishable by 2 to 10 years in prison and up to $10,000 in fines. Examples include intoxication, assault, and certain theft or assault offenses.
- State jail felony: The lowest felony classification, punishable by 180 days to 2 years in a state jail facility and fines up to $10,000. This category often covers crimes like credit card abuse or lower-level drug possession.
The exact sentence within these ranges can vary depending on the facts of the case, including whether there are any aggravating or mitigating circumstances.
What Are Some Examples of Felony Crimes in Texas?
Felonies in Texas encompass a wide variety of offenses. While violent crimes often come to mind first, non-violent offenses can also fall under felony classifications.
Some examples include:
- Murder and manslaughter
- Kidnapping
- Aggravated assault
- Burglary and robbery
- Arson
- Drug manufacturing or distribution
- Fraud and embezzlement
- Certain sex crimes, including human trafficking and sexual assault
- Repeat DWI (third offense or more)
- Felony possession of a firearm
Some crimes that wouldn’t normally be felonies can be “enhanced” to that level in certain circumstances as well (more on this below).
The Difference Between State Jail and Prison
One unique feature of Texas criminal law is the state jail system. A state jail felony is not served in the Texas Department of Criminal Justice’s prison system but in a specialized state jail facility. These facilities are designed for lower-level offenders and often include educational or rehabilitation programs.
However, state jail felonies should not be taken lightly. A conviction still creates a permanent felony record and can lead to significant penalties if probation or community supervision is revoked. In some cases, repeat offenders can face enhanced punishment, meaning a state jail felony could be treated as a higher-degree felony.
How Enhancements Can Increase Penalties
Texas law allows sentence enhancements for repeat offenders or for crimes committed under certain conditions. These enhancements can raise the degree of the felony, leading to longer prison terms and higher fines.
For instance, a person with prior felony convictions can face “habitual offender” status under state law, which significantly increases the resulting punishment. A third-degree felony could be punished as a second-degree felony, or even higher, depending on whether the accused has a prior criminal record.
Other common enhancements include committing a crime in a school zone or in domestic (family) violence cases.
The Role of Intent in Felony Cases
In many felony offenses, prosecutors must prove not only that the act occurred but also that it was committed with a certain criminal intent (mens rea). Texas law defines various mental states (such as intentional, knowing, reckless, and criminal negligence) that affect the severity of the charge.
For example, causing someone’s death intentionally or knowingly can lead to a murder charge, a first-degree felony. Causing death through recklessness, however, may result in a manslaughter charge, which carries lesser penalties.
Contact a Corpus Christi Criminal Defense Attorney at Barton & Associates Attorneys at Law, PLLC to Schedule a Consultation
A felony conviction in Texas can change the course of your life. From the loss of rights to years in prison, the consequences are profound. Understanding how felonies are defined, classified, and punished is crucial if you or someone you care about faces charges.
If you’ve been accused of a felony offense, contact a Corpus Christi criminal defense lawyer at Barton & Associates Attorneys at Law, PLLC as soon as possible. Early legal intervention can significantly impact how your case is handled and the outcome you achieve.