In the state of Texas, felonies are the most serious category of criminal offense and are punishable by imprisonment for a term of one year or more. Felonies are divided into five categories based on the severity of the offense: capital offenses, first degree felonies, second degree felonies, third degree felonies, and state jail felonies. The punishment range for each category of offense is determined by the classification of the offense and the defendant’s criminal history.
Capital offenses are the most serious crimes in Texas and are punishable by death or life imprisonment. Capital offenses in Texas include murder, capital murder, and treason.
First degree felonies are punishable by imprisonment for life or for any term of not more than 99 years or less than 5 years. Examples of first degree felonies in Texas include aggravated sexual assault, aggravated robbery, and aggravated kidnapping.
Second degree felonies are punishable by imprisonment for any term of not more than 20 years or less than 2 years. Examples of second degree felonies in Texas include indecency with a child, possession of a controlled substance with intent to deliver, and aggravated assault.
Third degree felonies are punishable by imprisonment for any term of not more than 10 years or less than 2 years. Examples of third degree felonies in Texas include possession of a controlled substance, theft of property valued at $2,500 or more, and aggravated perjury.
State jail felonies are punishable by imprisonment in a state jail facility for any term of not more than 2 years or less than 180 days. Examples of state jail felonies in Texas include possession of a controlled substance in an amount less than one gram, theft of property valued at less than $2,500, and credit card abuse.
In addition to the punishment ranges set forth above, certain offenses may also be punishable by fines, community supervision, and restitution to the victim. If you are facing criminal charges in Texas, it is important to seek legal counsel as soon as possible to understand the potential consequences of a conviction and to explore your options for defending against the charges.