Felony offenses are serious criminal charges that may be punishable by a sentence in prison and a substantial fine. The sentence for a felony depends on the severity of the crime, prior convictions and the discretion of the prosecutor, judge or jury. In some cases, community supervision (probation) may be granted in lieu of prison time and often our clients are out of jail, awaiting the final resolution of their case.
Many of the same crimes can be considered a misdemeanor or a felony, depending on the seriousness. Theft, for example, is considered a misdemeanor in Texas if the dollar amount of the stolen goods is less than $1,500. If the value of the goods stolen exceeds that amount, the crime may be considered a felony.
People convicted of felony crimes lose many of their civil rights including:
The right to vote is taken away
The right to serve on a jury
Enlist or remain in the military
Driver’s license revoked or suspended
Employers have the right to inquire about any felony convictions
Insurance companies may not insure convicted felons
Some professions such as attorneys, doctors or financial advisors can lose their license to practice if they receive a felony conviction
Classification of Felonies
Felony offenses are divided into one of the following three classes in Texas:
Capital Felony – Punishable by confinement in prison for life with no possibility of parole, or the death penalty.
1st Degree Felony – Punishable by a fine not to exceed $10,000, confinement in prison for life or for any term from 5 to 99 years, or both such fine and confinement. Persons convicted of a 1st Degree offense may be eligible for community supervision.
2nd Degree Felony – Punishable by a fine not to exceed $10,000, confinement in prison for a term from 2 to 20 years, or both such fine and confinement. Persons convicted of a 2nd Degree Felony offense may be eligible for community supervision.
3rd Degree Felony – Punishable by a fine not to exceed $10,000, confinement in prison for a term from 2 to 10 years, or both such fine and confinement. Persons convicted of a 3rd Degree Felony offense may be eligible for community supervision.
State Jail Felony – Punishable by a fine not to exceed $10,000, confinement in a State Jail prison facility for a term from 180 days to 2 years, or both with fine and confinement. Persons convicted of a State Jail Felony offense may be eligible for community supervision.
Felony Offenses
Aggravated Assault
Aggravated Assault w/ a Deadly Weapon
Aggravated Assault (Public Servant)
Aggravated Kidnapping
Promotion of Prostitution
Aggravated Robbery
Aggravated Sexual Assault
Agreement to Abduct From Custody
Aiding Suicide
Arson
Attempted Murder
Bail Jumping and Failure to Appear
Bigamy
Burglary of a Habitation
(Assault) Burglary of a Habitation
(Theft) Burglary of Building
Capital Murder
Credit Card or Debit Card Abuse
Credit Card Transaction Record
Criminal Solicitation of a Minor
Criminally Negligent Homicide
Cruelty to Animals
DWI 3rd offense
Endangering Child/Risk Bodily Injury
Engaging in Organized Criminal Activity
Evading Arrest or Detention in a Vehicle
Fail to Stop & Render Aid
False Report to Parole Officer or Law Enforcement Employee
False Statement to Obtain Property or Credit
Forgery
Graffiti (School or Church)
Indecency with a Child
Injury to a Child
Insurance Fraud
Interference with Child Custody
Intoxication Assault
Intoxication Manslaughter
Involuntary Manslaughter
Kidnapping
Leaving a Child in a Vehicle
Making a Firearm Accessible to a Child
Manslaughter
Money Laundering
Motion To Adjudicate (MTA)
Motion to Revoke Probation (MTRP)
Murder
Obstruction or Retaliation
Perjury
Possession of a Controlled Substance, PG 1, (< 1 gr)
Possession of a Controlled Substance, PG 1, (< 1 gr) w/ Intent
Possession of a Controlled Substance, PG 1, (1-4 gr)
Possession of a Controlled Substance, PG 1, (1-4 gr) w/ Intent
Possession of a Controlled Substance, PG 1, (200-400 gr)
Possession of a Controlled Substance, PG 1, (200-400 gr) w/ Intent
Possession of a Controlled Substance, PG 1, (4-200 gr)
Possession of a Controlled Substance, PG 1, (4-200 gr) w/ Intent
Possession of a Dangerous Drug
Possession of a Prohibited Weapon
Possession of Gambling Device/Equip./Paraph
Possession of Marijuana (over 4 oz.))
Possession or Promotion of Child Pornography
Prohibited Substance in a Correctional Facility
Robbery
Taking/Attempting to Take Weapon From a Police Officer
Felony Defense Strategies
Felony offenses are serious criminal charges that may be punishable by a sentence in prison and a substantial fine. The sentence for a felony depends on the severity of the crime, prior convictions and the discretion of the prosecutor, judge or jury. In some cases, community supervision (probation) may be granted in lieu of prison time and often our clients are out of jail, awaiting the final resolution of their case.
Many of the same crimes can be considered a misdemeanor or a felony, depending on the seriousness. Theft, for example, is considered a misdemeanor in Texas if the dollar amount of the stolen goods is less than $1,500. If the value of the goods stolen exceeds that amount, the crime may be considered a felony.
People convicted of felony crimes lose many of their civil rights including:
Classification of Felonies
Felony offenses are divided into one of the following three classes in Texas:
Capital Felony – Punishable by confinement in prison for life with no possibility of parole, or the death penalty.
1st Degree Felony – Punishable by a fine not to exceed $10,000, confinement in prison for life or for any term from 5 to 99 years, or both such fine and confinement. Persons convicted of a 1st Degree offense may be eligible for community supervision.
2nd Degree Felony – Punishable by a fine not to exceed $10,000, confinement in prison for a term from 2 to 20 years, or both such fine and confinement. Persons convicted of a 2nd Degree Felony offense may be eligible for community supervision.
3rd Degree Felony – Punishable by a fine not to exceed $10,000, confinement in prison for a term from 2 to 10 years, or both such fine and confinement. Persons convicted of a 3rd Degree Felony offense may be eligible for community supervision.
State Jail Felony – Punishable by a fine not to exceed $10,000, confinement in a State Jail prison facility for a term from 180 days to 2 years, or both with fine and confinement. Persons convicted of a State Jail Felony offense may be eligible for community supervision.
Felony Offenses
Aggravated Assault w/ a Deadly Weapon
Aggravated Assault (Public Servant)
Aggravated Kidnapping
Promotion of Prostitution
Aggravated Robbery
Aggravated Sexual Assault
Agreement to Abduct From Custody
Aiding Suicide
Arson
Attempted Murder
Bail Jumping and Failure to Appear
Bigamy
Burglary of a Habitation
(Assault) Burglary of a Habitation
(Theft) Burglary of Building
Capital Murder
Credit Card or Debit Card Abuse
Credit Card Transaction Record
Criminal Solicitation of a Minor
Criminally Negligent Homicide
Cruelty to Animals
DWI 3rd offense
Endangering Child/Risk Bodily Injury
Engaging in Organized Criminal Activity
Evading Arrest or Detention in a Vehicle
Fail to Stop & Render Aid
False Report to Parole Officer or Law Enforcement Employee
False Statement to Obtain Property or Credit
Forgery
Graffiti (School or Church)
Indecency with a Child
Injury to a Child
Insurance Fraud
Interference with Child Custody
Intoxication Assault
Intoxication Manslaughter
Involuntary Manslaughter
Leaving a Child in a Vehicle
Making a Firearm Accessible to a Child
Manslaughter
Money Laundering
Motion To Adjudicate (MTA)
Motion to Revoke Probation (MTRP)
Murder
Obstruction or Retaliation
Perjury
Possession of a Controlled Substance, PG 1, (< 1 gr)
Possession of a Controlled Substance, PG 1, (< 1 gr) w/ Intent
Possession of a Controlled Substance, PG 1, (1-4 gr)
Possession of a Controlled Substance, PG 1, (1-4 gr) w/ Intent
Possession of a Controlled Substance, PG 1, (200-400 gr)
Possession of a Controlled Substance, PG 1, (200-400 gr) w/ Intent
Possession of a Controlled Substance, PG 1, (4-200 gr)
Possession of a Controlled Substance, PG 1, (4-200 gr) w/ Intent
Possession of a Dangerous Drug
Possession of a Prohibited Weapon
Possession of Gambling Device/Equip./Paraph
Possession of Marijuana (over 4 oz.))
Possession or Promotion of Child Pornography
Prohibited Substance in a Correctional Facility
Robbery
Taking/Attempting to Take Weapon From a Police Officer
Tampering with a Witness
Theft (over $1500)
Theft (by Check over $1500)
Trespass by License Holder to Carry Concealed Gun
Unauthorized Use of a Motor Vehicle
Unlawful Possession of a Firearm by a Felon