FELONY

Dallas Criminal Lawyer

Dallas Criminal Lawyer | Fort Worth Criminal Lawyer 

Felonies are classified according to the relative seriousness of the offense into five categories:

  • Capital Felonies
  • Felonies of the First Degree;
  • Felonies of the Second Degree;
  • Felonies of the Third Degree;
  • State Jail Felonies.

First Degree Felony Punishment:

  • An individual adjudged guilty of a felony of the first degree shall be punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years.
  • In addition to imprisonment, an individual may adjudged guilty of a felony of   the first degree may be punishable by a fine not to exceed $10,000.

Second Degree Felony Punishment:

  • An individual adjudged guilty of a felony of the second degree shall be punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 20 years or less than 2 years.
  • In addition to imprisonment, an individual may adjudged guilty of a felony of the third degree may be punishable by a fine not to exceed $10,000

Third Degree Felony Punishment:

  • An individual adjudged guilty of a felony of the third degree shall be punishable by imprisonment in the Texas Department of Criminal Justice  for any term of not more than 10 years or less than 2 years.
  • In addition to imprisonment, an individual may adjudged guilty of a felony of   the third degree may be punishable by a fine not to exceed $10,000.

State Jail Felony Punishment:

  • An individual adjudged guilty of a state jail felony shall be punishable by imprisonment in state jail for any term of not more than 2 years or less than 180 days.
  • In addition to imprisonment, an individual may adjudged guilty of a state jail felony may be punishable by a fine not to exceed $10,000.

Enhanced Felony:  First Degree Felony

Repeat aggravated sexual assault of child

  • Capital felony

Repeat continuous child sex abuser

  • Mandatory life without parole

Repeat sex offender or repeat sexual assault

  • Mandatory life

Habitual offender

  • 2 prior felony convictions, with second committed after first became final.  Excludes state jail felony : 25-99 years  or life in prison; life mandatory if convicted

Repeat Offender

  • 1 prior felony conviction.  Excludes state jail felony: 15-99 years or life in prison and an optional $10,000 maximum fine’ life mandatory if convicted under Pen 12.42(c)(2)

Enhanced Felony:  Second Degree Felony

Habitual offender

  • 2 prior felony convictions, with second committed after first became final.  Excludes state jail felony : 25-99 years  or life in prison

Repeat Offender

  • 1 prior felony conviction.  Excludes state jail felony: 5-99 years or life in prison and an optional $10,000 maximum fine.

Enhanced Felony:  Third Degree Felony

Habitual offender

  • 2 prior felony convictions, with second committed after first became final.  Excludes state jail felony : 25-99 years  or life in prison.

Repeat Offender

  • 1 prior felony conviction:  2 to 20 years in prison and an optional $10,000 maximum fine.

Enhanced Felony:  State Jail Felony

Violent habitual offender punished under Pen. 12.35(c), 12,42(d)

  • 2 prior felony convictions, with second committed after first became final.  Excludes state jail felony:  25 to 99 years or life in prison.

Habitual offender punished under Pen. 12.35(a), 12.42(a)(3)

  • 2 prior felony convictions, with second committed after first became final, and 1 other than state jail:  2 to 20 years in prison and an optional$10,000 maximum fine.

Violent repeat offender punished under Pen. 12.35c, Pen. 12.42(a)(c)

  • 1 prior felony conviction:  2 to 20 years in prison and an optional $10,000 maximum fine.

Habitual offender punished under Pen. 12.35(a)

  • 2 prior state jail convictions: 2 to 10 years in prison and an optional $10,000 maximum fine

Habitual offender

  • 2 prior felony convictions, with second committed after first became final.  Excludes state jail felony : 25-99 years  or life in prison; life mandatory if convicted

Repeat Offender

  • 1 prior felony conviction.  Excludes state jail felony: 15-99 years or life in prison and an optional $10,000 maximum fine’ life mandatory if convicted under Pen 12.42(c)(2)

Violent offender punished under Pen. 12.35(c)

  • State must plead and prove: deadly wean used or exhibited in the offense; prior felony conviction under CCP art. 42.12; prior felony conviction with an affirmative finding of a deadly weapon under CCP art. 42.12; or prior felony conviction under Pen 21.02, continuous sexual abuse of young child or children: 2 to 10 years in prison and an optional $10,000 maximum fine.

A probated sentence is not a final conviction for enhancement purposes unless it is revoked.