In Texas, a felony is a criminal offense that carries the possibility of more than one year in jail. These charges are far more serious than misdemeanors and can lead to lengthy prison sentences in addition to long-term consequences that could follow you for the rest of your life. Felonies can cover a wide range of conduct, including domestic violence, theft crimes, and others.
If you are facing a felony charge in the state, it is especially important to understand what the implications are and what the prosecution must prove in order to convict you. Knowing how these offenses work can help you better protect your rights as your case moves through the criminal justice system.
How Does Texas Define a Felony Offense?
Under Texas law, crimes are divided into two main categories: misdemeanors and felonies. Misdemeanors carry lower penalties and usually involve up to one year in county jail. Felonies, on the other hand, are punishable by time in the Texas Department of Criminal Justice, higher fines, and stricter long-term restrictions.
Texas also classifies felonies by severity, and the penalties can vary substantially between them. Nonetheless, even the lowest-level felony can carry serious punishments.
Common felony examples in Texas include:
- Drug possession with intent to distribute
- Aggravated assault
- Burglary
- Sexual assault
- Robbery
- Intoxication manslaughter
- Certain firearm offenses
Not every serious offense will fall into the same category. The exact charges and penalties that are on the table will ultimately depend on the facts and circumstances of your specific case, such as whether you have a prior criminal history.
How Are Felonies Categorized in Texas?
Texas divides felonies into five main levels or degrees:
Capital Felony
A capital felony is the most serious charge under Texas law. The associated punishments can include life in prison without parole or the death penalty in cases where the defendant is over 18 at the time of the offense. Capital murder is the most common example.
First-Degree Felony
A first-degree felony can result in a prison term of five to 99 years, along with fines of up to $10,000. Crimes often charged at this level include aggravated robbery, aggravated kidnapping, and certain sexual offenses.
Second-Degree Felony
A second-degree felony carries a sentence of two to 20 years in prison and fines of up to $10,000. Crimes like aggravated assault, arson, and some drug charges fall under this category.
Third-Degree Felony
A third-degree felony is punishable by two to ten years in prison and fines of up to $10,000. Common examples include intoxication, assault, and firearm possession by a felon.
State Jail Felony
A state jail felony is the lowest level of felony in Texas. Sentences can range from 180 days to 2 years in a state jail facility. Offenses such as credit card abuse, certain theft crimes, and possession of small amounts of some controlled substances are often charged at this level.
What Defenses Can I Raise Against a Felony Charge in Texas?
A skilled criminal defense attorney can analyze all of the evidence against you and determine the strongest legal strategy for your case.
Possible defenses in felony cases may include:
- Lack of criminal intent
- Mistaken identity
- Alibi
- Insufficient evidence
- Unlawful search and seizure
- Self-defense and defense of others
- Violation of your constitutional rights
Remember that the burden of proof in these cases is “beyond a reasonable doubt,” which is the strongest standard that exists in the law. It’s important not to lose hope if you’ve been charged, as your lawyer may be able to secure a favorable outcome for you in some cases.
Collateral Consequences of a Felony Conviction
The penalties for a felony conviction go far beyond prison time and fines. In reality, a felony on your record can affect nearly every part of your life going forward.
Common long-term consequences include:
- Loss of voting rights during your incarceration
- Loss of the right to possess firearms
- Difficulties securing employment
- Restrictions on professional licenses
- Challenges obtaining housing
- Limited eligibility for certain public benefits
- Damage to your reputation
The stakes are incredibly high if you’ve been charged with a felony, making it critically important to hire a lawyer as soon as you possibly can.
Contact Texas Defense Firm Today for a Consultation With a Dallas Criminal Defense Lawyer
Felony charges are the most serious under the Texas penal code, but know that you are afforded many rights as your case progresses, including the presumption of innocence. Contact a qualified Dallas criminal defense attorney at Texas Defense Firm for an initial consultation to learn about your best course of action. Call us at (469) 772-9509.