Thursday, April 19, 2012

Defining Felony Crimes in Texas

Texas Felony Criminal Offenses

Criminal offenses in Texas are charged under the categories of misdemeanors and felonies. Felonies are the most serious criminal offenses and carry the most severe penalties. A felony is generally considered any criminal offense more serious than a misdemeanor and is classified as a State Jail Felony, Third-Degree Felony, Second-Degree Felony, First-Degree Felony, or a Capital Felony, the most serious being a Capital Felony that can bring a penalty of life imprisonment or death. Criminal felony charges of any kind are a very serious matter. The penalties for conviction are severe and can have profoundly negative and damaging consequences to one’s personal and professional life for many years. You may face difficulty in finding employment and may face financial problems.

State Jail Felonies

While they are considered serious crimes, State Jail Felonies are the least serious type of felony in Texas. Examples of state jail felonies include DWI with a child passenger in the vehicle, possession of less than one gram of a controlled substance, check forgery, theft of property valued between $1500 and $20,000, burglary of a building, and criminally negligent homicide.

Penalties for conviction of a State Jail Felony include punishment by imprisonment for six months to two years in a state jail with a possible fine of up to $10,000; the possibility of punishment as a Class A Misdemeanor; and the possibility of community supervision (adult probation)*.

Third Degree Felonies

Third Degree Felonies are also serious criminal charges in Texas and are considered more serious than State Jail Felonies. Examples of Third Degree Felonies include DWI (third offense), intoxication assault, aggravated perjury, and bail jumping of a felony arrest.

Third Degree Felonies punishable in Texas by imprisonment of two to ten years with a possible fine of up to $10,000, and the possibility of community supervision (adult probation)*.

Second Degree Felonies

Second Degree Felonies are more serious criminal charges than Third Degree Felonies. Examples include aggravated assault, robbery, intoxication manslaughter, manslaughter, bribery, and evading arrest where the death of another occurs.

Second Degree Felonies carry penalties of imprisonment of two to twenty years, with a possible fine of up to $10,000, and the possibility of community supervision (adult probation)*.

First Degree Felonies

First Degree Felonies are considered more serious crimes than Second Degree Felonies. Examples of First Degree Felonies include aggravated robbery, burglary of a habitation with the intent to commit a felony or with the commission of a felony, and murder.

First degree felonies are punishable in Texas by imprisonment from five to ninety-nine years with a possible fine of up to $10,000, and the possibility of community supervision (adult probation)*.

Capital Felonies

Capital Felonies are considered the most serious type of crime. A Capital Felony in Texas is defined as when an individual “intentionally or knowingly causes the death of [another] individual”, under special circumstances. Examples of Capital Felonies include murder of a public safety officer or a firefighter acting in the line of duty, murder of a correctional officer, murder of a judge, murder of more than one person at once or during the same scheme or course of conduct, intentional murder committed during another specified felony (including kidnapping, burglary, aggravated sexual assault, or arson), murder for pay, paying someone to commit murder, murder while being incarcerated for aggravated robbery, aggravated sexual assault, or murder, or if the victim is a prison guard; and murder of a child under the age of six.

A Capital Felony is the most severely punished crime under Texas law, by death by lethal injection, or by life imprisonment.

*Community supervision or adult probation suspends a defendant’s Texas county jail or prison sentence in return for the defendant’s meeting certain requirements set by the court. These requirements usually require the defendant to report regularly to a community supervision officer, hold a steady job, pay fines or make other restitution, and allow regular home inspections. Community supervision sentences can be for as long as 10 years for felonies, with possible eligibility for early release from supervision for meeting all the conditions during at least one-third of the sentence.

Author: Sullo & Sullo Attorneys

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