What is the punishment for a felony in Texas?

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.

Felony Punishment under the Texas Penal Code:

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.

Third Degree Felony Assaults

We are a firm devoted and aggressively defending criminal cases in Tarrant County. Our criminal defense firm is located in downtown Fort Worth, TX. To meet with a criminal attorney, today, call our office.

Second Degree Felony Punishment – Texas Penal Code § 12.33

Penalty for a Second Degree FelonyA Second Degree Felony is punishable by a minimum of two years in prison and a maximum of 20 years in prison. “Prison” means confinement in the Texas Department of Criminal Justice – Institutional Division. In addition to prison, a person may also be fined $10,000.

Depending on a person’s criminal history, probation (Community Supervision) or deferred adjudication may be an option for a 2nd Degree Felony in Texas. The length of probation may be from 2 years to 10 years.

If someone is sentencing to prison on a Second Degree Felony in Texas, then the applicable parole law depends on the charge and the person’s criminal history. If someone is sentenced to prison for 4 years or more on an “Aggravated Charge,” “3g Charge,” or a charge involving a deadly weapon, then the earliest a person may be eligible is when their actual time of confinement when added with their “good conduct” time equals the length of their entire sentence. If a person is sentenced to 4 years or less for an Agg, 3g, or deadly weapon Second Degree Felony, then the person must serve a minimum of 2 years before being eligible for parole.

The punishment for a 2nd Degree Felony may be greater depending on a person’s criminal history. Specifically, the penalty may increase to a 1st Degree Felony if the person is a “Repeat Felony Offender,” and the penalty may increase to a minimum of 25 years in prison to 99 years or Life in prison if the person is a “Habitual Felony Offender.” Texas sentencing laws can be complicated. So, if you or a loved one has a Second Degree Felony charge, then you need to talk with a criminal defense attorney.

Most Common Second Degree Felony Charges

Indecency with a Child by Sexual Contact
Aggravated Assault
Robbery (Not Aggravated Robbery)
Sexual Assault of a Child (Under 17)
Possession of a Controlled Substance 4 – 200 grams

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.