Type of Felony |
Penalty |
Capital Felony |
If younger than 18 years old at the time of the crime: life in prison with the possibility of parole. If older than 18 years old at the time of the crime: (1) life without parole, or (2) death. |
First Degree Felony |
5–99 years and optional fine up to $10,000.00. |
Second Degree Felony |
2–20 years and optional fine up to $10,000.00. |
Third Degree Felony |
2–10 years and optional fine up to $10,000.00. |
State Jail Felony |
180 days–2 years and optional fine up to $10,000. |
Whether or not a charge can be enhanced depends on the number and type of prior convictions one has. In the table below, a “repeat offender” is an individual with one prior felony conviction (excluding state jail felonies) and a “habitual offender” is an individual that has two prior felony convictions (excluding state jail felonies) where the first conviction became final before the second offense was committed.
Type of Felony |
Penalty |
First Degree Felony |
Repeat Offender for Continuous Trafficking, (Aggravated) Sexual
Assaults/Offenses: Mandatory Life with or
without the possibility of parole (dependent on the crime) |
Habitual Offender: 25–99 years OR life in prison (dependent on
the crime) |
|
Repeat Offender: 15–99 years and an
optional fine up to $10,000.00. |
|
Second Degree Felony |
Habitual Offender: 25–99 years OR life in prison |
Repeat Offender: 5–99 years and an
optional fine up to $10,000.00. |
|
Third Degree Felony |
Habitual Offender: 25–99 years OR life in prison |
Repeat Offender: 2–20 years in prison
and an optional fine up to $10,000.00. |
|
State Jail
Felony |
Violent Habitual
Offender with 2 Prior Felony Convictions: 25–99 years OR life in prison |
Violent Offender with 2 Prior State Jail Felony
Convictions: 2–20 years in prison and an optional fine up
to $10,000.00 |
|
Violent Repeat
Offender with a Prior Nonaggravated State Jail Felony:
2–20 years in prison and an optional fine up
to $10,000.00. |
|
Habitual Offender with
2 Prior Felony Convictions: 2–20 years in prison
and an optional fine up to $10,000.00. |
|
Habitual Offender with 2 Prior State Jail Felony
Convictions: 2–10 years in prison
and an optional fine up to $10,000.00. |
|
Use of Deadly Weapon or Repeat Offender: 2–10 years in prison
and an optional fine up to $10,000.00. |
Therefore, obtaining an attorney who is willing to fight for you can be the difference between a conviction and a “not guilty.” We do not strive to give our clients adequate representation; we expect ourselves to provide exemplary representation. If you are charged with any crime in Texas, contact our firm. Our firm will help you by applying the law to the facts of your case to help you achieve the best possible outcome.