Felony Charges

Felony cases are the most serious of all matters in criminal law.  Felony convictions have lifetime consequences, including limiting or taking away certain basic fundamental rights one has as a citizen of this country.  Punishment for a felony matter can include significant amounts of incarceration in a state jail facility or in the penitentiary.  Common felony charges include: 

  • Possession of Controlled Substances
  • Manufacture/Delivery of Controlled Substances
  • Aggravated Assault
  • Injury to a Child, Elderly or Disabled Person
  • Fraud
  • Forgery
  • Arson
  • Murder
  • Intoxicated Assault
  • Felony Grade Theft
  • Felony Driving While Intoxicated
  • Burglary
  • Evading Arrest with a Motor Vehicle
  • Failure to Register as a Sex Offender

 

Felony punishment generally falls into one of five basic categories:

 

State Jail Felonies:  State jail felonies are punishable by confinement in a State Jail Facility (an intermediate step between county jail and penitentiary) for not less than 180 days to not more than 2 years and a fine of $0-$10,000.00.   There is no possibility for parole release from State Jail, and virtually no good conduct time can be earned.  As such, a state jail sentence is generally a "day for day" sentence, meaning that if a person is sentenced to 12 months in state jail, he or she will actually serve all 12 months.

 

Third Degree Felonies:  Third degree felonies are punishable by confinement in the Texas Department of Criminal Justice - Institutional Division (i.e. the penitentiary) for not less than 2 years nor more than 10 years, and a fine of $0-$10,000.00.  There is a possibility of parole release at this level, and good conduct time can be earned.

 

Second Degree Felonies:  Second degree felonies are punishable by confinement in the Texas Department of Criminal Justice - Institutional Division (i.e. the penitentiary) for not less than 2 years nor more than 20 years, and a fine of $0-$10,000.00.  There is a possibility of parole release at this level, and good conduct time can be earned.

 

First Degree Felonies: First degree felonies are punishable by confinement in the Texas Department of Criminal Justice - Institutional Division (i.e. the penitentiary) for not less than 5 years nor more than 99 years OR Life, and a fine of $0-$10,000.00.  There is a possibility of parole release at this level, and good conduct time can be earned.

 

Capital Felonies:  At this level, the death penalty or a "true" life sentence can be had.  Only a charge of capital murder is eligible for this punishment in Texas.

 

A number of factors can affect how a felony case is classified - including past criminal history, prosecutorial discretion, and certain extenuating circumstances.  As such, if a person stands accused of a felony matter, is under investigation for a felony matter, has been asked to make a statement or has been asked to undergo questioning by a law enforcement officer, it is wise to seek out the advice and assistance of competent defense counsel to ensure the protection of his or her Constitutional rights and best interests. Having represented countless numbers of clients who have found themselves in this situation, we stand ready, willing and able to help you during this difficult time.  At the first sign of trouble, please do not hesitate to call or e-mail us for an appointment to get the help you need.