What does “felony” mean in Texas?
A felony in Texas is a crime that is punishable by more than one year. Also, with a few exceptions, a felony prison sentence is served in the Texas Department of Criminal Justice (Institutional Division or State Jail Division). Texas divides felonies into five classifications: State Jail Felony; Third Degree Felony; Second Degree Felony; First Degree Felony; and Capital Felony. What makes a crime a felony is determined by the Texas legislature. Each time the legislature meets they amend the criminal law by adding new crimes, deleting some crimes, or changing existing crimes.
An example of how felonies change is the law against Evading Arrest in a Vehicle. Until 2001, evading arrest using a vehicle was a Class A Misdemeanor then the Texas Legislature passed a bill that increased it to a State Jail Felony. In 2011, the Legislature increased the seriousness again increasing evading arrest in a vehicle to a Third Degree Felony, for a first offense. Regardless of what felony charge you are facing, you need an experienced and skilled criminal defense attorney.
What does “felony” mean in Federal Court?
Specific laws identify whether a federal crime is a felony, but there are general rules as to what constitutes a felony based on the maximum length of possible imprisonment. The cut-off between federal felonies and misdemeanors is whether the maximum prison sentence is more than one year. Federal felonies are divided into five classes: A, B, C, D, and E (A being the most serious). Any federal charge is serious. Before speaking with any investigators or police call a federal criminal defense attorney that practices in your federal district. You can schedule a consultation with our firm by calling (817) 810-9395.
Felony vs. Misdemeanor
A felony is more serious charge than a misdemeanor. Not only is the possible sentence harsher but also the consequences after a sentence is served are more serious. The Texas and Federal law is very specific about the different punishments and ramifications. To get a better understanding of the law in your particular case you need to meet with a criminal defense lawyer. We will use the Texas Theft Laws as an example of how the law differentiates between felony and misdemeanor. Here are some general rules about why something is charged as a felony versus misdemeanor:
Example: Theft – Value of Property
As the value of property lost increases the seriousness of the crime increases. As of September 1, 2015, the “standard value ladder” for theft in Texas is:
- Under $100 is a Class C Misdemeanor
- $100 or more, but less than $750 is a Class B Misdemeanor
- $750 or more, but less than $2,500 is a Class A Misdemeanor
- $2,500 or more, but less than $30,000 is a State Jail Felony
- $30,000 or more, but less than $150,000 is a Third Degree Felony
- $150,000 or more, but less than $300,000 is a Second Degree Felony
- More than $300,000 is a First Degree Felony
Example: Theft – Nature of Property
For some charges the value of property is not the more important issue. Instead, a crime is more serious because of the nature or kind of property stolen.
- Regardless of Value – theft of another person’s driver’s license is a Class B Misdemeanor
- Regardless of Value – theft of a firearm is a State Jail Felony
- Any value stolen less than $20,000 and what was stolen is: copper; brass; aluminum; or bronze – the charge is a State Jail Felony
- Cattle rustling or even one or two standard cows is a Third Degree Felony
- Stealing money from an Automated Teller Machine (ATM) of any amount less than $300,000 is a Second Degree Felony
Example: Theft – Special Victim
Aside from the value and the nature of the property stolen, sometimes a charge is more serious (becomes a felony) because of the “victim” involved.
- A theft is increased to the next higher level is the “victim” is an elderly person. So, if someone steals a bird fountain (not made of brass, copper, bronze, or aluminum) that is worth $2,500 from an elderly person’s yard, the charge would be a State Jail Felony instead of a Class A Misdemeanor.
- A theft is increased to the next higher level if the property stolen belongs to a nonprofit organization. So, if someone steals a seesaw (not made of brass, copper, bronze, or aluminum) that is worth $2,500 from an outside of Ronald McDonald House, the charge would be a State Jail Felony instead of a Class A Misdemeanor.
Example: Theft – Special Conduct
The conduct of a person committing theft can increase the seriousness of the charge.
- If someone steals a candy bar from a gas station and doesn’t come into contact with anyone, then the charge is a Class C Misdemeanor (ticket).
- If someone steals a candy bar that a gas station worker is holding in their hand, and doesn’t threaten or hurt the worker, then the charge is a State Jail Felony (Theft from Person).
- If someone steals a candy bar from a gas station and pushes a worker into the counter on the way out (causing some pain), then the charge is a Second Degree Felony (Robbery).
- If someone steals a candy bar from a gas station and is carrying a pistol, then the charge is a First Degree Felony (Aggravated Robbery).
Example: Theft – Criminal History
Someone’s criminal history can be the difference between a misdemeanor and felony.
- If someone steals a candy bar from a gas station (Class C Misdemeanor), but has been convicted ONE TIME of theft then the charge is a Class A Misdemeanor (up to a year in jail and $4000 fine).
- If someone steals a candy bar from a gas station (Class C Misdemeanor), but has been convicted TWO TIMES of theft then the charge is a State Jail Felony (up 2 years in prison and $10,000 fine).
- If someone steals a candy bar from a gas station (Class C Misdemeanor), but has been convicted TWO TIMES of theft and been convicted and sentenced to State Jail ONCE for Possession of a Controlled Substance (cocaine) Under 1 Gram then the charge is a Third Degree Felony (2 to 10 years in prison and $10,000 fine).
Cody Cofer
Lauren Crisera
