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Penalties for a Felony in Texas


Were you recently arrested for a crime in Denton, Texas? If so, you are more than likely very concerned about a criminal conviction, and more importantly, the types of penalties that a conviction would bring.

Criminal offenses are categorized into misdemeanors and felonies, with felonies being the more severe of the two. In Texas, the punishments for criminal offenses are covered under Sec. 12.01 of the Texas Penal Code.

Texas has five categories of felonies, which are grouped by the seriousness of the offense, with capital felonies ranking number one, as the most serious of all felonies.

The five categories of felonies in Texas, include:

  1. Capital felonies
  2. Felonies of the first degree
  3. Felonies of the second degree
  4. Felonies of the third degree
  5. State jail felonies

When a defendant is found guilty of a capital felony and the state is seeking the death penalty, he or she faces either life imprisonment without the possibility of parole, or the death penalty.

On the other hand, when a defendant has been found guilty of a capital felony in a case where the state has not sought the death penalty, then he or she faces:

  • If the crime was committed when the defendant was under 18, life in prison, or
  • If the defendant was 18 or older when they committed the offense, they face life without parole.

First Degree Felonies
First degree felonies in Texas are punishably by 5 years to life in prison, and a maximum fine of $10,000.

Second Degree Felonies
Second degree felonies are punishably by 2 to 20 years in prison, and a maximum fine of $10,000.

Third Degree Felonies
Third degree felonies are punishable by 2 to 10 years imprisonment, and a maximum fine of $10,000.

State Jail Felonies
State jail felonies are punishable by up to 2 years in jail, and a maximum fine of $10,000.

What are the penalties for a misdemeanor?

Texas places misdemeanors into three categories: Class A, Class B, and Class C. The penalties for a misdemeanor ranges from no jail time to one year in jail, and a fine ranging between $500 and $4,000.

Looking for a Denton criminal defense lawyer? Contact Derek A. Adame, Attorney at Law to work with a former prosecutor who is frequently interviewed by media outlets including The Dallas Morning News and the Denton Record Chronicle.

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