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​Felonies, Can It Get Any Worse?

Felonies are serious offenses which carry heavy penalties and severe consequences. In Texas, there are five levels of felonies, each with varying levels of punishment:  
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. 
​Similar to misdemeanor offenses, felonies can also be enhanced by prior crimes; however, they generally cannot be enhanced by misdemeanor offenses. First, second, and third degree felonies cannot be enhanced by state jail felony or misdemeanor convictions.
 
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.

 

Felonies charges are serious matters. Not only can felony convictions result in lengthy prison sentences, they can affect your ability to obtain jobs, your ability to see your children or family, and your ability to obtain residence amongst other things. Because of the severity of punishments that can be handed down in felony cases in Texas, grand juries are required to indict an individual before the state can proceed on the case. Click Here For More Information on Grand Juries.
 
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.

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  • Home
  • About
    • Don Nguyen
    • James Kan
  • Practice Areas
    • Civil Litigation >
      • Contract Disputes
      • Deceptive Trade Practices
      • Employment Law
      • Personal Injury
    • Criminal >
      • Felonies >
        • Grand Juries
      • Misdemeanors
    • Business Consultation
  • Your Case
  • Contact
  • Blog