What is the punishment for a felony?
Cofer Law, P.C.300 Throckmorton StreetSuite 500Fort Worth, TX 76102
These are the punishment ranges for ordinary felonies in Texas. This means the punishment range can be different depending on the specific circumstances of the case and the person’s criminal history. Further, if a person does not have any felony criminal history they may be eligible for probation. In some instances, State Jail Felony drug charges are mandatory probation. You may use this page as a guide, but you should consult a skilled criminal defense attorney that can fully explain the range of punishment and the possibility of probation.
Punishment under the Texas Penal Code:
- § 12.31. Capital Felony
- § 12.32. First Degree Felony Punishment
- § 12.33. Second Degree Felony Punishment
- § 12.34. Third Degree Felony Punishment
- § 12.35. State Jail Felony Punishment
State Jail Felony Punishment – Texas Penal Code § 12.35
Most people found guilty of a State Jail Felony are facing a sentence of 180 days to 2 years in a Texas state jail. Along with the state jail sentence, a person may be fined up to $10,000 (the standard fine maximum for felonies).
Enhanced State Jail Punishment
Prior criminal history or other circumstances can cause a State Jail Felony to be punished just like a Third Degree Felony.
- If a person has been convicted of a State Jail Felony before the new charge;
- If a person uses or exhibits a deadly weapon during the commission of the State Jail Felony;
- If a person uses or exhibits a deadly weapon during immediate flight following the commission of a State Jail Felony;
- If a person is a “party” to a State Jail Felony offense and knew that a deadly weapon would be used or exhibited;
- If a person has been finally convicted of Continuous Trafficking of Persons;
- If a person has been finally convicted of Continuous Sexual Abuse of a Child; or
- If a person has been convicted of what is known as a 3g Offense.
To speak with a with an experienced and skilled criminal defense attorney handling cases in Tarrant County, call Cody Cofer at 817.810.9395 today. Cody Cofer has a criminal defense firm in downtown Fort Worth. His phone is answered 24 hours a day and he will personally speak with you within 24 hours of your call.
Third Degree Felony Punishment – Texas Penal Code § 12.34
- (a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years.
- (b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.
For a meeting with a with a devoted and aggressive defense lawyer handling criminal cases in Tarrant County, call Cody Cofer at 817.810.9395 today. Cody Cofer has a criminal defense firm in downtown Fort Worth. His phone is answered 24 hours a day and he will personally speak with you within 24 hours of your call. Call him to schedule free case evaluation.
Second Degree Felony Punishment – Texas Penal Code § 12.33
- (a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years.
- (b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.
First Degree Felony Punishment – Texas Penal Code § 12.32
- (a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years.
- (b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.
Consult an aggressive and experienced criminal defense attorney handling cases in Tarrant County, Texas, call Cody Cofer at 817.810.9395 today. Cody Cofer has a criminal defense firm in downtown Fort Worth. His phone is answered 24 hours a day and he will personally speak with you within 24 hours of your call. Call him to schedule free case evaluation.Cody Cofer has a criminal defense law office in Fort Worth near the criminal courts. He has free felony case evaluations available. He accepts credit cards and will structure a payment plan.
Capital Felony – Texas Penal Code § 12.31
- (a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for:
(1) life, if the individual’s case was transferred to the court under Section 54.02, Family Code; or
(2) life without parole. - (b) In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment without parole or death is mandatory on conviction of a capital felony. In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that:
(1) a sentence of life imprisonment is mandatory on conviction of the capital felony, if the case was transferred to the court under Section 54.02, Family Code; or
(2) a sentence of life imprisonment without parole is mandatory on conviction of the capital felony.
Cofer Law, P.C.300 Throckmorton StreetSuite 500Fort Worth, TX 76102