There are five categories of felony offenses classified in Section 12.04 of the Texas Penal Code. These offenses are filed in district court.
State Jail Felony carries a range of punishment from 180 days to two years in a State Jail Facility and a fine not to exceed $10,000. This is the lowest classification of felony but individuals serving state jail sentences are not afforded parole eligibility. This category includes possession of small amounts of drugs such as cocaine or methamphetamine, repeat theft offenders, burglary of a building, and driving while intoxicated with a child passenger.
Third Degree Felony carries a range of punishment of two to ten years in prison and a fine not to exceed $10,000. This category includes offenses such as Evading Arrest in a Motor Vehicle, Tampering with Evidence, DWI 3rd Offenders, and repeat family violence offenses.
Second Degree Felony carries a range of punishment of two to twenty years in prison and a fine not to exceed $10,000. This category includes offenses such as Burglary of a Habitation, Aggravated Assault, and Intoxication Manslaughter.
First Degree Felony carries a range of punishment from 5 to 99 years or life in prison and a fine not to exceed $10,000. This category includes such offenses as Murder, Aggravated Robbery, and Aggravated Sexual Assault.
The punishment for a Capital Felony will be either life in prison or death if the government elects to seek the death penalty. This category of felony is exclusively for the crime of murder with certain aggravating factors.
Being convicted of any felony offense can carry serious long-term consequences. You will loose your right to vote, serve on a jury, and possess a firearm. In addition, a felony conviction can severely harm your chances when seeking employment or trying to find a place to live. If you are being accused of a felony, contact and experienced criminal defense attorney today.