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Texas Criminal Punishment Ranges

A Guide to Punishment and Penalties for Different Crimes in Texas

The charge of an offense determines the punishment for a crime in Texas. However, there are wide variations and exceptions both in misdemeanor and felony cases. This is due to the classification of different crimes and also the existence of several categories within a specific criminal behavior. Apart from the crime, the past record, circumstances leading to the offense, and the level of criminality play a role in influencing the selection of punishments.

Sounds too complex? Yes, it is indeed confusing but that is why having a Houston criminal attorney to advise on the exact type of punishment and legal options. A criminal lawyer can guide you on the quantity and extent of sentencing associated with a crime in Texas.

Here is a general overview of various types of crimes and the broad range of punishments imposed by the Texas state court.

Misdemeanor vs Felony

Any criminal behavior in Texas broadly falls into either of two types – misdemeanor or felony depending on the crime and the term of prison sentence awarded. Persons convicted of misdemeanors are punished up to a year of imprisonment at a local or county jail while for felonies they are remanded to state prisons for more than a year.

In Texas, misdemeanors are listed as less serious crimes that do not involve any great act of violence. It is just an illegal action leading to physical, financial or moral harm to the victim. The offender may have to pay fines, do community service, serve probation, or serve a jail term ranging from a few days up to a year.

Felonies are serious crimes involving violence, drugs or theft. Any violent action causing physical or financial injury comes under this class of crimes. The punishment may include extensive penalties with or without jail terms ranging from one year to several years.

Get in touch with a Houston criminal attorney to know about the best possible defense against a criminal charge in Texas.

Types of Felonies

Capital Felony

It is the highest level of crime in Texas and is punishable up to a death sentence or life imprisonment. The accused is denied any parole while he is in jail.

The following acts are considered a capital felony in Texas courts.

An act of planned or premeditated murder
Causing multiple deaths, death to a police officer, or intentional death
Murder following a crime or with guns
Espionage, treason
Genocide

Not all capital felonies lead to a death sentence. Consult an experienced Houston criminal lawyer to review your case.

First Degree Felony

It is the second-highest level of crime in Texas and imposes punishment between five and 99 years of imprisonment. Courts can impose fines up to $10,000. There may also be the condition of community supervision.

Any of the following criminal actions come under this class of crime.

Sexual assault on a child
Trafficking a minor below 14 years of age
Solicitation of capital murder or attempted capital murder
Aggravated kidnapping, robbery, sexual assault
Burglary with a plan to commit or leading to a felony
Action leading to physical injury to a child, senior citizen, or disabled person
Escape from custody resulting in a physical injury
Aggravated sexual assault
Arson of habitation leading to a felony
Murder
Aggravated assault on a public servant

If you are ever charged with any of these felonies, hire a reliable criminal attorney in Houston to put up a solid defense and minimize the punishment.

Second Degree Felony

This category of serious crimes is less severe compared to first degree felonies. Punishment varies from two to 20 years of jail term. There may be a fine up to $10,000 with the possibility of community supervision.

One is tried for second degree felony if he commits any of the following.

Human trafficking
Manslaughter
Indecent contact with a child
Causing death under intoxication
Bigamy, robbery, bribery, arson, or sexual assault
Online solicitation of a minor under 14
Stalking for the second time
Possessing marijuana exceeding 50 pounds but less than 2,000 pounds
Aggravated assault
Improper educator-student relationship
Evading or resisting arrest leading to the death of another

In case you are charged with second-degree felonies, consult a good Houston criminal attorney to plan a successful defense.

Third Degree Felony

Anyone convicted of this type of crime faces imprisonment from two to ten years. A Texas court is at liberty to order community supervision with or without a fine not exceeding $10,000.

The following criminal acts qualify to be tried as third degree felonies.

Assault under intoxication
Lying under oath in the court
Tampering with evidence
Escape from the custody when arrested for a felony
Jumping bail when charged with a felony
Stalking
Indecent exposure to a child
Third arrest on a DWI charge
Possession of a firearm by a felon
A third violation of a protective order
Possessing a firearm as a felon

Meet an experienced Houston criminal attorney to know exceptions to punishments when charged with a third-degree felony.

State Jail Felonies

The least serious of all felonies, one convicted of these crimes may get imprisonment ranging from 6 months to two years. It also carries a potential fine up to $10,000 and a likely court order for community supervision.

State jail felonies include the following types of criminal behavior.

Credit card abuse, forged check
False report
Criminally negligence leading to death
Unauthorized use of vehicles
Building burglary
Criminal nonsupport
Fleeing in a vehicle to avoid being arrested
Possession of illegal drugs (not more than 1 gram)
DWI while having a child in the car
Interference in child custody
Improper photography
Theft involving stuff valued between $1,500 and $20,000
Unauthorized use of another’s identifying information
Forcing a minor to join a gang with a threat of violence
Cruelty to animals

Don’t delay in hiring a Houston criminal attorney as soon as you face a charge of state jail felony.

Types of Misdemeanors

Class A Misdemeanor

Any criminal behavior proved to be a Class A misdemeanor may lead to a jail term up to 12 months and a possible fine of up to $4,000. There is also a provision for community supervision up to 2 years with one-year extension option. If you have the support of an expert Houston criminal attorney, they may help you seek a deferred adjudication successfully.

The following criminal behavior invites Class A misdemeanor charges.

Obscenity, public lewdness
Lawful possession of a weapon
Assault causing injury
Second arrest for DWI
Resisting arrest or evading arrest on foot
Burglary of vehicles or coin-operated machines
Jumping bail or escaping from custody when charged for misdemeanor
Perjury or violating oath in a court
Caught with 2 to 4 ounces of marijuana
Encouraging gambling, check theft
Cruelty to animals
Animal cruelty
Obstructing a 911 call

Class B Misdemeanor

If you are charged a Class B Misdemeanor, you face imprisonment up to 180 days and community supervision for a period up to 2 years with an option for an extension by another year. The court may also impose a fine, which must not exceed $2,000.

The examples of Class B Misdemeanor include:

Criminal trespass, riot
Threat of violence
Harassment
Indecent exposure, prostitution
Possessing marijuana (2 ounces or less)
DWI arrest
Possession of a fake degree
Lying to police officials
Fraudulent degree
Silent Calls to 911

If you are a first-time offender charged with a Class B Misdemeanor, consult a capable Houston criminal attorney about plea bargaining and the possibility of deferred adjudication.

Class C Misdemeanor

Carrying a fine of $500 or less, this class includes the least serious of all types of crimes in Texas. You may be charged with a Class C Misdemeanor if you are found to have committed any of the following crimes.

Threat
Petty theft
Disorderly conduct
Gambling
Traffic citation
Unauthorized use of laser pointers
Shoplifting
Issuing a bad check
Public intoxication
Violation of underage alcohol possession rules
Leaving a child alone in a vehicle
Simple assault
Bail jumping

Contact the best criminal defense attorney in Texas and explore options on how to protect yourself from punishments and its future consequences. Contact Zavala Texas Law to know your options.

Statutory Wrongdoing and its Consequences

Felony Punishment Ranges
Offense	Maximum Punishment	Examples	Court with Original Jurisdiction
Capital felony	Execution	Capital murder	District court, with automatic appeal to Texas Court of Criminal Appeals
First degree felony	5-99 years or life; $10,000 fine	Theft of property valued at $200,000 or more; aggravated sexual assault	District court
Second-degree felony	2-20 years; $10,000 fine	Theft of property valued at $100,000 or more, but less than $200,000; aggravated assault; reckless injury to a child	District court
Third-degree felony	2-10 years; $10,000 fine	Theft of property valued at $20,000 or more, but less than $100,000; drive-by shooting with no injury	District court
State jail felony	180 days to 2 years; $10,000 fine	Theft of property valued at $1,500 or more, but less than $20,000; credit card or debit card abuse	District court

Misdemeanor Punishment Ranges
Offense	Maximum Punishment	Examples	Court with Original Jurisdiction
Class A misdemeanor	1 year; $4,000 fine	Burglary; theft of property valued at $500 or more, but less than $1,500; theft of cable service; stalking without bodily injury	Constitutional county court or county court at law
Class B misdemeanor	180 days; $2,000 fine	Theft of property valued at $20 or more, but less than $500; driving while intoxicated; possession of up to 4 ounces of marijuana; making terroristic threats	Constitutional county court or county court at law
Class C misdemeanor	$500 fine	Theft of property valued at less than $20; assault without bodily injury; producing or selling term papers or reports for use by others; attending a dog fight	Justice of the Peace Court

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