If you are charged with a criminal offense in Texas, you could be punished by a fine, jail time and/or probation. The amount of your fine and the length of jail time and/or probation depends the type of crime you are accused of committing. Below is a summarization of the range of punishment for Texas Felony criminal charges. This chart begins with the most serious of offenses, and goes down form there. Keep in mind that individual counties may have additional punishment requirements and conditions of punishment.
Texas Felony Punishment Ranges
Capital Felony: In Texas, a Capital Felony is the most severely punished crime. A capital felony is one in which an individual “intentionally or knowingly causes the death of an individual,” under special circumstances. In particular, the:
- a) murder of a public safety officer or firefighter in the line of duty; b) murder during the commission of specified felonies (kidnapping, burglary, robbery, aggravated rape, arson); b) murder for remuneration; c) multiple murders; d) murder during prison escape; e) murder of a correctional officer; f) murder of a judge; g) murder by a state prison inmate who is serving a life sentence for any of five offenses; [or] h) murder of an individual under six years of age.
Under Texas Law, a capital felony is punishable by:
- a) Death by lethal injection; OR b) Life imprisonment.
Community Supervision (Probation) Eligibility for a Capital Felony
A person convicted of a capital felony is NOT eligible for probation of community supervision.
First Degree Felony: According to the Texas Penal Code section 12.32, a first degree felony is punishable by:
- a) Confinement in prison for life or a term from 5 to 99 years in prison; AND b) An optional fine not to exceed $10,000
Community Supervision (Probation)
A citizen accused of a first degree felony in Texas MAY be eligible for community supervision probation. If a person is eligible for probation, he or she may be placed on probation instead of imprisoned for: a) Up to 10 years of deferred adjudication community supervision; OR b) From 5 to 10 years of post-conviction community supervision; AND c) Up to 180 days in county jail as a condition of probation.
If a court authorizes community supervision for a person accused of a first degree felony, instead of prison, the generally the court will require the accused to spend up to 180 days in county jail as a condition of being placed on probation. Essentially, the person accused MUST go to county jail for a period of time up to 180 days then will be placed on probation from 5 to 10 years.
Second Degree Felony: Texas Penal Code section 12.33 sets out the punishment range for a second degree felony in Texas. According to the Texas Penal Code a second degree felony is punishable by:
(a) Confinement in prison for a term of not more than 20 years or less than 2 years; AND (b) A fine not to exceed $10,000.
Community Supervision (Probation)
If a person is eligible for probation, he or she may be placed on probation instead of imprisoned for: a) Up to 10 years of deferred adjudication community supervision; OR b) From 2 to 10 years of post-conviction community supervision; AND c) Up to 180 days in county jail as a condition of probation.
If a court authorizes community supervision for a person accused of a first degree felony, instead of prison, the generally the court will require the accused to spend up to 180 days in county jail as a condition of being placed on probation. Essentially, the person accused MUST go to county jail for a period of time up to 180 days then will be placed on probation from 2 to 10 years.
Third Degree Felony: Section 12.34 of the Texas Penal Code sets out the punishment range for a third degree felony in Texas. According to the Texas Penal Code a third degree felony is punishable by:
(a) Confinement in prison for a term of not more than 10 years or less than 2 years; AND (b) A fine not to exceed $10,000.
Community Supervision (Probation)
If a person is eligible for probation, he or she may be placed on probation instead of imprisoned for: a) Up to 10 years of deferred adjudication community supervision; OR b) From 2 to 10 years of post-conviction community supervision; AND c) Up to 180 days in county jail as a condition of probation.
If a court authorizes community supervision for a person accused of a first degree felony, instead of prison, the generally the court will require the accused to spend up to 180 days in county jail as a condition of being placed on probation. Essentially, the person accused MUST go to county jail for a period of time up to 180 days then will be placed on probation from 2 to 10 years.
State Jail Felony: According to section 12.35 of the Texas Penal Code a state jail felony is punishable by:
- a) Confinement in state jail for a term from 180 days to 2 years; AND b) An optional fine not to exceed $10,000
Community Supervision (Probation)
A citizen accused of a first degree felony in Texas MAY be eligible for community supervision probation. If a person is eligible for probation, he or she may be placed on probation instead of imprisoned for: a) Up to 10 years of deferred adjudication community supervision; OR b) From 2 to 5 years of post-conviction community supervision; AND c) From 90 to 365 days in county jail as a condition of probation (depending on the crime charged).
If a court authorizes community supervision for a person accused of a first degree felony, instead of prison, the generally the court will require the accused to spend up to 180 days in county jail as a condition of being placed on probation. Essentially, the person accused MUST go to county jail for a period of time from 90 to 365 days then will be placed on probation from 2 to 5 years.
NOTE: The information contained in this page provides only a basic overview of Texas law. This is not a comprehensive explanation of the law, but rather a simple summary meant to provide the reader with basic knowledge. This information is NOT legal advice of any kind, and should not be relied upon as such. Some information may not reflect current law, and thus we do not guarantee the accuracy of any information displayed herein. Always consult an attorney regarding your particular matter.
What Does This Mean
Any criminal charge is extremely serious. In order to protect your good name, keep your record clean, and be eligible to get into a good school or find a good job, it is imperative that you take these charges very seriously. Even the smallest of criminal charges can have an enormous impact on a person’s life, both personally and professionally.
Call Us Today
If you are currently facing criminal charges of any kind, it important that you contact a qualified criminal defense attorney as soon as possible. At Ross Law Offices, we offer a free consultation to discuss your case and go over every option you may have. Don’t hesitate. Call us today.
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