Facing felony charges in Texas can be one of the most serious challenges you’ll ever encounter. A conviction can lead to years in prison, significant fines, and lasting harm to your future, including your job prospects, housing, and personal relationships. At The Carmichael Law Firm PC, we understand the weight of these charges. That’s why we offer careful and strategic legal representation to protect your rights and build the strongest possible defense under Texas law.
This guide provides a clear overview of how felonies are classified in Texas and outlines some of the defense strategies we use to help our clients both in and out of court.
What Is a Felony in Texas?
Under Texas law, a felony is a criminal offense punishable by more than one year in state prison. Felony charges are more serious than misdemeanors and can carry long-term consequences, including incarceration, fines, and loss of civil rights. Texas classifies felonies into several levels based on the severity of the offense and potential penalties.
Types of Felony Charges in Texas
Felony offenses in Texas are structured into the following categories, moving from the most to the least severe:
Capital Felony
This stands as the most serious offense under Texas law. The punishment can be life imprisonment without the possibility of parole or the death penalty.
Examples of offenses include:
- Capital Murder: The intentional killing of a peace officer, firefighter, or another person during the commission of a felony like kidnapping or robbery.
- Murder during a kidnapping: If a person is killed while being held against their will.
- Murder of a child under 10 years old: Committed by certain means such as deliberate violence.
First-Degree Felony
A conviction for a first-degree felony in Texas can result in a prison sentence ranging from 5 to 99 years (or life) and fines reaching up to $10,000. Examples include aggravated kidnapping and certain forms of sexual assault.
Examples of offenses include:
- Aggravated Kidnapping: Holding someone against their will, often for ransom or with the intent to harm.
- Aggravated Sexual Assault: Committing sexual assault with an element of violence, such as using a weapon or causing serious bodily injury.
- Arson with intent to harm: Intentionally setting fire to a property to harm or endanger others.
Second-Degree Felony
In Texas, a second-degree felony conviction carries a potential prison term of 2 to 20 years and a maximum fine of $10,000. Offenses falling into this category include manslaughter and the possession of significant quantities of illegal drugs.
Examples of offenses include:
- Manslaughter: Reckless killing of another person, often in situations where the defendant didn’t intend to cause death but acted in a way that led to it.
- Possession of Controlled Substances (4 to 200 grams): Such as possession of a significant quantity of drugs like cocaine or methamphetamine.
- Burglary of a habitation: Breaking into someone’s home with the intent to commit theft or another felony.
Third-Degree Felony
The penalties for a third-degree felony in Texas include 2 to 10 years in prison and a fine of up to $10,000. Charges such as driving while intoxicated with a child passenger or tampering with evidence can fall under this classification.
Examples of offenses include:
- Driving While Intoxicated (DWI) with a Child Passenger: Driving under the influence with a child passenger under 15 years old.
- Tampering with Evidence: Altering, destroying, or concealing evidence to hinder an investigation.
- Aggravated Assault (without serious injury): Assaulting someone with a weapon or in a way that could cause harm but does not result in serious injury.
State Jail Felony
This is a distinct category within Texas for less severe felony offenses. The punishment ranges from 180 days to 2 years in a state jail facility, along with a potential fine of up to $10,000. Common examples include certain property crimes and repeated theft offenses. While less severe than other felonies, a state jail felony conviction can still leave a lasting negative mark on your record and future opportunities.
Examples of offenses include:
- Theft of property valued between $2,500 and $30,000: Stealing property, such as electronics or a vehicle, within this value range.
- Possession of a small amount of controlled substances (less than 1 gram): Possessing drugs like methamphetamine or heroin in small amounts.
- Credit Card Abuse: Using someone else’s credit card without permission, even if no fraudulent intent was involved.
Common Defense Strategies for Felony Charges
Each felony case is unique, and a strong defense requires careful examination of the facts and legal issues. At The Carmichael Law Firm PC, we tailor our defense strategies to the specifics of your case.
- Questioning the Evidence: Examining forensic evidence, video recordings, or witness statements to find inconsistencies or weaknesses in the prosecution’s case.
- Unlawful Search and Seizure: If evidence was obtained illegally, it might be excluded from the case, potentially leading to reduced or dismissed charges.
- Mistaken Identity: Proving that you were not the person who committed the crime by providing alibis or witness statements.
- Lack of Intent: Many felony charges require proof of intent. If you didn’t know your actions were illegal or lacked the required mental state, this can be a strong defense.
- Entrapment: If a government agent pushed you to commit a crime you wouldn’t have otherwise committed, it can challenge the fairness of the prosecution.
- Investigation: Law enforcement gathers evidence and talks to witnesses.
- Arrest & Charges: You may be arrested and formally charged based on the investigation.
- Indictment: A grand jury typically issues an indictment before the case can move forward.
- Pre-Trial Hearings: Legal motions, such as requests to exclude evidence or dismiss charges, are filed.
- Plea Negotiations or Trial: You may negotiate a plea deal or go to trial.
- Sentencing: If convicted, the court determines the sentence based on Texas law.
Throughout each stage, The Carmichael Law Firm PC provides clear guidance and strong representation to help you navigate the process and make informed decisions about your case.
Don’t Face Serious Charges Alone
Felony charges can carry life changing consequences including prison time, heavy fines, and a lasting criminal record. If you or a loved one is facing serious allegations, it is critical to act quickly.
At The Carmichael Law Firm PC, we provide experienced and strategic defense from the start. The sooner you contact us, the more opportunities we have to protect your rights and pursue the best possible outcome.
Contact us today for a confidential consultation. We are here to listen, advise, and fight for your future.
