Texas Felony Charges and Penalties

Texas is a state which has significant consequences for violation of its criminal codes. For instance, Texas has execution as a potential sentence for some crimes.

Felony Sentencing and Convictions in Texas

In Texas, a felony is a crime where an individual may be sentenced for imprisonment in a state institution or death. Conversely, a misdemeanor carries imprisonment or a fine as a sentence. There are four classifications of crimes in Texas.

Class 1 Felony: Capital Offense

This classification includes aggravated murder only.
Fines and Sentencing – lifetime imprisonment or death penalty

1st Degree Felony

Includes charges of: murder, rape, child kidnapping, aggravated burglary, aggravated robbery, aggravated arson and possession with intent to distribute controlled substances near a school.
Fines and Sentencing – up to 99 years imprisonment but not less than 5 years and fine not to exceed $10,000.00

2nd Degree Felony

Includes charges of: Manslaughter, robbery, residential burglary, kidnapping, perjury, auto theft, forgery of checks exceeding $5000.00, forcible sexual abuse and intentional child abuse.
Fines and Sentencing – imprisonment term of not more than twenty years or less than two years and a fine not to exceed $10,000.00

3rd Degree Felony

Includes charges of: burglary of non-dwellings, theft between $1,000 to $5,000, third DUI (Texas DUI Felony)  in ten years, possession with intent to distribute marijuana (Texas Marijuana Felony Offense), possession of controlled substances and forged prescriptions.
Fines and Sentencing – imprisonment term of not more than ten years or less than two years and a fine not to exceed $10,000.00

Texas Felony Records and Expungement

In order to be considered for expungement of a felony record in Texas, one must meet certain eligibility factors. These include the following:

• one was aquitted at trial of the felony or
• one was convicted but later was pardoned of the felony or
• the charges were dismissed

Statute of Limitations for Felonies

According to Article 12.01 of the Texas Code of Criminal Procedure, there are certain limits on the presentation of felony indictments. These limitations are as follows:

• No limitation: murder, manslaughter, sexual assault (if biological matter subject to DNA testing does not match the victim or other person whose identity is readily ascertained), or an offense involving leaving the scene of an accident if there was a death involved.
• 10 years: theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust interested in such estate; theft by a public servant of government property over which he exercises control in his official capacity; forgery or the uttering, using or passing of forged instruments; injury to a child, elderly individual, or disabled individual punishable as a felony of the first degree under Section 22.04, Texas Penal Code; sexual assault (with some statutory exceptions) or arson.
• 7 years: misapplication of fiduciary property or property of a financial institution;securing execution of document by deception; a violation under Sections 162.403(22)-(39), Texas Tax Code.
  
• 4 years: theft, burglary, robbery, kidnapping, injury to a child, elderly individual, or disabled individual that is not punishable as a felony of the first degree under Section 22.04 of the Texas Penal Code, abandoning or endangering a child or insurance fraud.
  
• 10 years from the eighteenth birthday of the victim: indecency with a child ((B) except as provided by Subdivision (1), sexual assault under Section 22.011(a)(2), Texas Penal Code, or aggravated sexual assault under Section 22.021(a)(1)(B), Texas Penal Code)
• 3 years: all other felonies.

View all Texas Criminal Statute of Limitations

Help from a Lawyer in Texas for Felony Charges

If one is charged with a felony in Texas, one should consider retaining an experienced criminal attorney. An experienced attorney can not only review one’s case in order to determine what options one may have, but also an attorney can help to preserve one’s rights.