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Classifications & Degrees of Felonies in Texas

Each state classifies felonies according to degree; while there is some variation, most states follow the general rule that the more severe a crime, the greater the punishment. This is reflected in the differing penalties for different degrees of felony offenses.

In Texas, felonies are classified as capital felonies, first-degree felonies, second-degree felonies, third-degree felonies, and state jail felonies. The penalties for each are as follows:

  • Capital Felony: Punishable by life in prison or death
  • First-Degree Felony: Punishable by 5 to 99 years in prison or up to life in prison, as well as fines up to $10,000
  • Second-Degree Felony: Punishable by 2 to 20 years in prison, as well as fines up to $10,000
  • Third-Degree Felony: Punishable by 2 to 10 years in prison, as well as fines up to $10,000
  • State Jail Felony: Punishable by 180 days to 2 years in state jail, as well as fines up to $10,000

For example, murder can be charged as a capital felony in Texas, sexual assault may be charged as a first-degree felony, and possession of 5 to 50 pounds of marijuana can be charged as a third-degree felony in the state.

Arrested for a felony in Texas? Contact us online or call (210) 702-3054 for a free and confidential consultation. 

Difference Between Felonies & Misdemeanors

Being arrested for or charged with any crime is serious; however, some offenses are considered more serious than others and, as such, come with harsher penalties. As opposed to misdemeanors, felonies are crimes for which an individual can be punished with more than one year in jail or even up to life in prison. Felony convictions often carry harsh fines and other serious consequences, which will range from probation to court-ordered community service to restitution, depending on the nature of the crime.

What Factors Are Considered in Felony Charges?

A wide variety of factors, such as the nature and severity of your alleged offense, will play a large role in the exact charges—and penalties—you face. In any case, however, if you are charged with a felony, you need an experienced San Antonio felony attorney who knows how to defend against felony charges.

Possible Felony Pleas in San Antonio

There are three possible pleas you can make for felony charges: guilty, not guilty and no contest.

  • Guilty - Admittance to the crime.
  • Not Guilty - Denying that you committed the felony crime.
  • No Contest - Not admitting that you're guilty but not disputing the felony charge.

Depending on felony charge degree and specifics of the case, our experienced felony defense lawyer can guide you to make a plea that's right for you. Call today to schedule case consultation.

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Dependable Criminal Defense Attorney

Derek W. Emmons fights for the rights of those falsely accused of a crime in the San Antonio area. His skill, tenacity, and experience are committed to protecting your rights. You can always expect aggressive representation, personal attention, and dedicated service. For over 20 years, Derek W. Emmons has gone above and beyond for his clients and will do everything possible to help you avoid a criminal conviction.

Derek W. Emmons

"Derek W. Emmons is a criminal law attorney and the owner and founder of the Emmons Law Firm, P.C. Attorney Derek Emmons is a former Assistant District Attorney for Bexar County in the State of Texas. He is fully licensed by the Supreme Court of the State of Texas and the Western District of Texas Federal Court System, which ensures not only a smooth representation in the state courts but also in the federal courts."

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If you are facing criminal charges or if you even believe you are merely under investigation for a crime, contact the Emmons Law Firm, P.C. as soon as possible for a free and confidential consultation. With over 20 years of legal experience, Attorney Derek Emmons understands what you are up against—and what it will take to aggressively advocate for your rights. You need an attorney who understands all sides of the criminal justice system; you need the Emmons Law Firm, P.C.

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