What does “felony” mean in Texas?
A felony is a serious crime that can result in more than one year of imprisonment. In Texas, it is the most severe type of offense, usually reserved for violent criminal acts. However, non-violent felonies may also involve significant property damage or theft.
Other offenses can be either a misdemeanor or infractions.
Types of Felony Offenses in Texas:
Capital Felonies – Texas Penal Code § 12.31
If someone is convicted of a Capital Felony and the state plans to seek the death penalty, the punishment will either be life imprisonment without parole or death. However, if the state does not plan to seek the death penalty in a capital felony case, the punishment will be imprisonment in the Texas Department of Criminal Justice for:
life if the convicted person was a juvenile; or
life without parole
Prospective jurors in death penalty cases will be informed that a conviction of a capital felony carries a mandatory sentence of either life imprisonment without parole or death. If the state does not seek the death penalty in a capital felony trial, jurors will be told that a life sentence is mandatory.
First Degree Felony punishment
A person who is found guilty of a 1st Degree Felony can face imprisonment in the TDCJ Institutional Division for a minimum of 5 years and up to 99 years or for life. They may also be fined up to $10,000. While it is less likely for 1st Degree Felonies to receive probation or deferred adjudication, some charges of this level may still qualify for such options.
Note, certain sex crimes fall under first-degree felonies, such as:
What is the penal code for continuous sexual assault in Texas?
Under Texas Penal Code § 21.02(b) (“A person commits an offense if … during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more [child] victims [.]”).
An offense under this section is a felony of the first degree, 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 25 years.
Second Degree Felonies
If a person commits a Second Degree Felony, they may face imprisonment for a minimum of two years and a maximum of 20 years in the Texas Department of Criminal Justice - Institutional Division. The term "Prison" refers to this confinement. Besides imprisonment, they may also be charged a fine of $10,000.
Second-degree felony offenses include sexual assault, manslaughter, and armed violence.
Third Degree Felony punishment and State Jail Felony Punishment discussed infra:
Third Degree Felonies Punishment
In Texas, if someone is convicted of a 3rd Degree Felony, they could face a prison sentence of 2 to 10 years and a fine of up to $10,000. Depending on the situation and the person's criminal record, they may also receive probation or deferred adjudication. Probation for a 3rd Degree Felony usually lasts between 2 and 10 years. To learn more about the possible consequences of your case, it's best to consult with a criminal defense attorney based in Austin.
Texas State Jail Felony - Texas Penal Code § 12.35
The definition of a State Jail Felony is based on the punishment range of 180 days to 2 years (and up to $10,000 fine) in the State Jail Division of the Texas Department of Criminal Justice (TDCJ). Texas introduced this type of lower-level felony to tackle the issue of overcrowding in prisons resulting from the high number of drug-related prosecutions.
Can you explain what State Jail Felony charges are? It's the least severe type of felony, with unique regulations governing the penalty and release. These rules apply to probation, sentencing duration, "good time," future legal proceedings, and the prison facility.
Sentences
If someone in Texas is found guilty of a State Jail Felony, they might have to spend between 180 days and 2 years in a State Jail facility. They could also be fined up to $10,000, which is the highest amount allowed for felonies.
Unlike other levels of felonies, State Jail charges do not qualify for parole, so typically the sentences are served "day for day". However, there is a program called "Diligent Participation Credit" that can help to reduce the sentence. It's important to note that this reduction is not automatic, and a criminal defense attorney can provide more information about it.
Examples of State Jail Felonies charges
In Texas, state jail felonies are considered less severe than other types of felonies, even though they still count as felonies. If someone is convicted of a state jail felony in Texas, they could face up to two years in state jail, a fine of up to $10,000, and might also be required to do community service. Some crimes that could be charged as state jail felonies include:
Burglary of a building
Credit card abuse
Coercing a minor to join a gang by threatening violence
Criminal nonsupport
Criminally negligent homicide
DWI with a child passenger
Cruelty to animals
False alarm or report
Evading arrest in a vehicle
Fraudulent use or possession of identifying information
Forgery of a check
Improper photography or visual recording
White-collar fraud getting a hard money loan
Interference of child custody
Theft of a possession valued between $1500 and $20,000
Unauthorized use of a vehicle
Possession of less than one gram of a controlled substance
Can a state jail felony be expunged in Texas?
Is it possible to expunge a State Jail Felony in Texas? Unfortunately, a State Jail Felony that falls under Section 12.44 (a), which gives the trial court leeway to either sentence the offender to a local county jail or prison, cannot be expunged.
Can State Jail Felonies be enhanced to a more severe offense?
In certain situations, state jail felonies can be made more serious by enhancing them. This results in harsher penalties upon conviction. When certain aggravating factors are present in state jail felonies can be elevated to third-degree felonies.
Enhancements for a State Jail Felony
Under Texas Penal Code §12.425(a), it is possible to increase the severity of state jail felonies that falls under §12.35(a) if it can be proven that the offender has a combination of one of the following:
two standard state jail felony convictions or
two enhanced state jail felony convictions or
one standard state jail conviction and one enhanced state jail felony conviction.
Under PC §12.425(b), a state jail felony punishable under §12.35(a) may be enhanced by proof of two non-state jail prior felony convictions, where the second one was committed after the first one became final.
Under PC §12.425(c), a state jail felony for which punishment may be enhanced under §12.35(a) may be enhanced by proof of one of the following prior convictions:
one non-state jail felony conviction or
one aggravated state jail felony conviction.
What is a 12.44 reduction of a State Jail Felony to a Misdemeanor?
Many people wish for state jail felonies to be prosecuted as a Class A misdemeanor under Section 12.44(b) of the Texas Penal Code, but it is a difficult outcome to obtain.
Section 12.44(a) leads to a felony conviction with the possibility of serving county jail time for a misdemeanor. Meanwhile, section 12.44(b) both reduces the charge and sentencing to a misdemeanor and permits probation, including deferred adjudication. Feel free to refer to my previous post for more information on deferred adjudication if needed.
Note: certain misdemeanors can be enhanced to a felony if there has been a prior felony conviction. Continuous sexual abuse
When is someone eligible for parole in Texas?
Typically, inmates can be considered for parole if the sum of their time served and good conduct time equals either 25% of their jail sentence or 15 years, whichever comes first.
Prison and Parole Release Options in Texas (non-state jail felonies)
People who are supervised and released by the Parole Division fall into three categories: mandatory supervision releases, discretionary mandatory releases, and parolees.
Parole is a release program for offenders who are granted permission by the Board. The decision to grant or deny parole is based on the case's individual circumstances. Parolees may include those released through "MRIS," a program for non-violent offenders who have physical or mental health conditions or intellectual developmental disorders and pose no risk to public safety.
Mandatory Supervision is a type of automatic release from prison for specific categories of offenders who have served a length of time that equals their prison sentence when their good behavior is taken into account. It does not require approval from the Board of Pardons and Paroles, but the Board does set the conditions of release.
The Board was given the authority by the 74th Legislature in 1995 to review eligible offenders' cases for release to Discretionary Mandatory Supervision if their offense was committed on or after September 1, 1996. The Board must review their cases on or before their eligibility date, but similar to parole release, they have the discretion to approve or deny the release.
Habitual Felony Offenders
If someone has been convicted of two felonies that fall under this rule, their third felony charge could result in severe penalties, including life imprisonment or a prison term between 25 and 99 years.
Attorney for Felony Charges in Texas -
If you or someone you care about has been accused of a felony crime, it's crucial to seek the assistance of a competent criminal defense lawyer in Austin as soon as possible. Schedule a free initial consultation with the RRK law firm and increase your chances for a favorable outcome and a chance at a dismissal of all charges in your case!