Crime Classifications in Texas

People are often confused by the classification of crimes in Texas. In general, criminal offenses in the State of Texas are classified in one of two categories: felony or misdemeanor. Felony offenses are punishable by time in prison, while misdemeanor crimes are punishable by county jail time that is different than prison.

Felony Classifications

Under the classification of felony, there are four levels or degrees of offenses. Each of these degrees has a different punishment or penalty range.

State Jail Felony

A State Jail Felony is the lowest degree of felony offense that someone can be charged with in Texas. State Jail Felonies are punishable by 180 days to 24 months in State Jail (prison facility) and a fine up to $10,000 under the Texas Penal Code Section 12.35. It is possible for a State Jail Felony to be enhanced to a higher degree felony based on prior felony convictions. Some examples of common State Jail Felony charges include:

• Possession of Controlled Substance under One Gram–Penalty Group One
• Possession of Marihuana Four Ounces to Five Pounds
• Credit/Debit Card Abuse
• Theft under $1500 with Two Prior Convictions
• Theft $1500-$20,000
• Criminal Mischief $1,500-$20,000
• Burglary of a Building (not a habitation)

Third Degree Felony

A Third Degree Felony is the second lowest degree of felony offense in Texas. If you are charged with a Third Degree Felony under Texas Penal Code Section 12.34, you face punishment of 2 to 10 years in prison and up to a $10,000 fine. The fine is optional, but the prison time is not. A Fort Worth criminal defense lawyer will explain that the only way to avoid prison is to either receive probation, which can be an option, or a reduced charge of a State Jail or Misdemeanor (or of course a not guilty or a dismissal). It is possible for a Third Degree Felony to be enhanced to a higher degree felony offense if you have ever before been convicted of a felony offense of at least a third degree or higher. Some common Third Degree Felony charges are:

• Possession of Controlled Substance 1 ounce to 4 ounces–Penalty Group One
• Evading Arrest or Detention in a Vehicle
• Theft $20,000 – $100,000
• Possession of Marihuana 5 pounds to 50 pounds
• Indecency with a Child by Exposure
• Unlawful Possession of Firearm by Felon

Second Degree Felony

A Second Degree Felony in Texas is punishable by 2 to 20 years in prison and up to a $10,000 fine. Under Texas Penal Code Section 12.33, the fine is optional, but the prison time is not. In some circumstances probation is available to someone facing a Second Degree Felony. Like any other felony offense, a Second Degree Felony can be increased to a higher degree felony depending on whether you have a previous felony conviction. Typical Second Degree Felony offenses include the following:

• Possession of Controlled Substance 4 ounces to 200 ounces-Penalty Group One
• Indecency with a Child by Sexual Contact
• Sexual Assault
• Sexual Assault of a Child under 17
• Aggravated Assault with a Deadly Weapon
• Burglary of a Habitation
• Robbery

First Degree Felony

A First Degree Felony is the highest degree of felony in Texas, aside from a Capital Felony. If a person is facing a First Degree Felony charge, the range of punishment is from 5 years to 99 years or Life in prison and up to a $10,000 fine. Again, the fine is optional, but the prison time is not according to Section 12.32 of the Texas Penal Code. Like with other degrees of felonies, probation is possible in some situations and should be discussed with an experienced Fort Worth criminal defense lawyer. While technically there is no higher degree of felony in Texas, if someone is charged with a First Degree Felony and has a prior felony conviction, the range of punishment can be increased. Some examples of standard First Degree Felony charges in Texas include:

• Aggravated Kidnapping
• Aggravated Sexual Assault
• Aggravated Sexual Assault of Child under 14
• Possession of Controlled Substance over 200 ounces-Penalty Group One
• Manufacturing/Delivering Controlled Substance 4 ounces to 200 ounces
• Aggravated Robbery
• Murder

Capital Murder

Capital Felony offenses in Texas are less common than others, but are the most serious because a person facing a Capital case in Texas will face the possibility of the death penalty or life in prison.

Special Felony Enhancements and Classifications

Habitual Felony Offenders

If a person in Texas has been twice convicted a felony punishable by prison time and was sent to prison, that person can be charged as a Habitual Offender. In Texas, a Habitual Offender will face a minimum prison sentence of 25 years to Life and up to a $10,000 fine. In some situations a defense lawyer can persuade the prosecutor to waiver the Habitual Offender Notice and return the offense to its original degree and range of punishment.

Repeat Felony Offenders

In Texas a person who has once previously been convicted of felony crime that is punishable by prison time and was sent to prison, that persons new offense can be enhanced with a Repeat Offender Notice. The Repeat Offender Notice serves to increase the range of punishment by one felony degree or in the case of a First Degree Felony charged as a Repeat Offender, it increases the minimum range of punishment to 15 years in prison. For example if a person were charged with Evading Arrest in a Vehicle, which is a Third Degree Felony, and enhanced with a Repeat Offender Notice, the new range of punishment would be 2 to 20 years and up to a $10,000 fine.

Misdemeanor Classification in Texas

Misdemeanor crimes in Texas are less serious than felony offenses, but can still dramatically impact a person’s life. Misdemeanor offenses are broken down into three sub-categories, each with a different range of punishment. Even though misdemeanors do not have a potential prison sentence the charges can still have a lasting and ruinous impact on your life. You do need a lawyer for misdemeanor charges.

Class C Misdemeanor

Class C Misdemeanors are the least serious and include things as simple as traffic tickets and citations. You cannot be sentenced to jail time for a Class C Misdemeanor, but can receive fine of up to $500. For some Class C misdemeanor charges like Minor In Possession (MIP) you can be ordered to perform additional tasks like community service or taking specific classes.

Class B Misdemeanor

In Texas a Class B Misdemeanor is the second most serious misdemeanor. Class B Misdemeanors under Penal Code Section 12.22 are punishable by a term in the county jail of up to 180 days or a fine of up to $2,000 or both. Jail time is not mandatory for most Class B Misdemeanors. If you are sentenced to jail as a result of a Class B Misdemeanor probation can be an option. Common Class B Misdemeanors include:

• Theft $50 to $500
• Driving While Intoxicated
• Possession of Marihuana under 2 ounces

Class A Misdemeanor

Class A Misdemeanors are the most serious misdemeanors in Texas, but are still less serious than a felony offense. A person who is facing a Class A Misdemeanor can expect a punishment range of up to 1 year in county jail, or a fine up to $4,000 or even both according to Texas Penal Code Section 12.21. Like with Class B’s, jail time is not mandatory for most offenses and probation is routinely granted, depending on your criminal history.