What Is a Felony in Texas

Michelle Wilson - May 12, 2023

Online data suggests over 240,000 felony convictions in 2020 in Texas alone. Even with such a high prevalence of felony charges, few recognize just how substantial the long-term consequences are on a person’s life. In fact, understanding the definition and consequences of a felony charge is crucial, as it can impact everything from employment opportunities to housing options.

Keep reading to learn the definition of a felony in Texas, the different types of felonies, and the potential penalties for a felony conviction.

A Misdemeanor or a Felony?

If you find yourself under arrest, your first question should be, is it for a misdemeanor or a felony, since the consequences of a conviction can be vastly different. Misdemeanors are generally considered less serious offenses and carry less severe penalties than felonies. A misdemeanor ruling may result in a fine, community service, probation, or a short jail sentence of less than one year.

On the other hand, a felony conviction can have significant long-term consequences on a person’s life. A felony is a much more serious criminal offense that may include imprisonment of more than one year and can result in significant fines, probation, and a permanent criminal record. The severity of the punishment for a felony conviction will depend on the classification of the felony and the circumstances of the crime.

Misdemeanor, Defined

Authorities consider misdemeanors less severe crimes than felonies, and they typically involve non-violent offenses such as petty theft, disorderly conduct, or driving under the influence (DUI). The intention of the perpetrator is not to cause harm to others, and the punishment for misdemeanors is usually less severe than that for a felony.

The severity of the crime determines the class of the misdemeanor and can affect the sentence’s length and the fine amount. In Texas, there are three classes of misdemeanors: A, B, and C. Class A misdemeanors are the most serious and will result in a conviction of one year in jail and a fine of up to $4,000. Class B misdemeanors carry a smaller jail sentence of up to six months and may include a fine of up to $2,000. Class C misdemeanors hold the least seriousness of the three; the penalty is usually just a fine of up to $500. Examples of misdemeanors include traffic violations, simple assault, and petty theft.

What Is a Felony?

Felony crimes are the most serious offenses under Texas law. They typically involve violent crimes against other people or serious financial crimes. Examples of felonies include murder, rape, arson, child pornography possession, and certain drug charges. In addition, if you commit a federal crime, you will likely be charged with a felony and could face trial in federal and state courts.

Felony convictions have severe consequences, resulting in lengthy prison sentences, large fines, and a permanent criminal record. Unlike misdemeanors, which may result in a sentence of probation or a brief stay in a local jail, felony sentences can range from several years to life imprisonment without the possibility of parole. If you receive a charge for a felony, you should seek the advice of a criminal defense attorney who can build a strong defense on your behalf.

Types of Felonies in Texas

In the state of Texas, felonies are classified based on the severity of the offense. These classifications can determine the length of imprisonment, fines, and other consequences for individuals convicted of a felony. Consider the different types in further detail below.

First-Degree Felony

First-degree felonies are the most severe type of felony offenses in Texas. In 2020, there were 11,484 first-degree felony offenses reported in the state, according to the Texas Department of Public Safety. These offenses can carry a punishment of life imprisonment or, in more severe cases, the death penalty. Examples of first-degree felonies include aggravated sexual assault, murder, and human trafficking.

Second-Degree Felony

A second-degree felony is a serious offense in Texas, punishable by a prison term from 2 to 20 years and up to a $10,000 fine. Second-degree felonies include violent crimes such as robbery, aggravated assault, and arson and non-violent crimes such as white-collar offenses like fraud and embezzlement. According to public data from the Texas Department of Public Safety, in 2019, there were 43,177 second-degree felony arrests in Texas.

Third-Degree Felony

In Texas, a third-degree felony is a serious criminal offense that can result in significant consequences. The punishment for a third-degree felony includes imprisonment for 2 to 10 years and a fine of up to $10,000. This type of felony is often associated with the theft of property worth $30,000 or more, certain drug offenses, and assault on a public servant.

State Jail Felony

State jail felonies are a unique type of felony in Texas that are generally less severe than other felony offenses. However, they can still have significant consequences on a person’s life. In addition to imprisonment and fines, a state jail felony conviction can result in a permanent criminal record, impacting a person’s ability to find employment or housing in the future. Online data reported 25,289 state jail felony arrests in 2020.

Capital Felony

Last on the list is a capital felony, arguably the most severe type. It can result in life imprisonment without the possibility of parole or the death penalty. In Texas, ten specific offenses qualify as capital felonies, including the murder of a police officer or firefighter, murder during the commission of certain other crimes, and murder for hire.

Fortunately, the number of capital felonies committed in Texas has decreased recently. In 2019, there were a total of 9 capital felony offenses reported in the state, down from 14 in 2018.

Other Consequences of a Felony Conviction in Texas

Being convicted of a felony in Texas carries serious consequences beyond the punishment imposed by the court. These consequences are known as collateral consequences and can impact many areas of your life even after you have served your sentence.

Inability to Vote or Hold Public Office

In Texas, a felony conviction means you won’t be able to vote or hold a position in public office. You will only receive your voting rights after you complete your sentence, including probation and parole. However, this process may take time, and you must apply to have your voting rights restored. Additionally, if you want to run for public office, you must wait a certain period after your conviction before being eligible.

Difficulty Finding Employment and Housing

A felony can also make it difficult to find employment or housing. Many employers and landlords run a background check on potential employees or tenants, and a felony conviction can be a red flag. Some employers and landlords may automatically disqualify applicants with felony convictions, while others may give them less consideration.

Loss of Firearm Rights

Finally, you will lose your right to own or possess a firearm, meaning you cannot purchase or possess a firearm for any reason, including hunting or self-defense. This loss of firearm rights can be permanent or temporary, depending on the nature of the crime and the sentence imposed by the court.

Stay Informed

Whether you face charges or simply want to avoid getting into trouble with the law, understanding the criminal justice system is important. Remember, even minor offenses can have long-lasting consequences. From difficulty finding employment to losing firearm rights, a criminal record can impact your life in many ways. Fortunately, by staying informed, you can make informed decisions that help you avoid trouble with the law altogether.