Captial Felony
- Death or
- life Imprisonment
- Community Supervision (CS)
- Ineligible for CS
First Degree Felony
- Confinement for life or a term from 5 to 99 years in prison; and
- An optional fine not, to exceed $10,000
- Up to 10 years of deferred adjudication CS
- From 5-10 years of post conviction CS
- Up to 180 days in county jail as condition
2nd Degree Felony
- Confinement for a term from 2 to 20 years in prison; and
- An optional fine not to exceed $10,000
- Up to 10 years of deferred adjudication CS
- From 2-10 Years of post conviction CS
- Up to 180 days in county jail as condition
3rd Degree Felony
- Confinement for a term from 2 to 10 years in prison; and
- An optional fine not to exceed $10,000
- Up to 10 years of deferred adjudication CS
- From 2-10 years of post conviction CS
- Up to 180 days in county jail as condition.
State Jail Felony
- Confinement for a term from 180 days to 2 years in a state jail; and
- An optional fine not to exceed $10,000, or
- Class A Misdemeanor punishment under TEX PEN. CODE 12.44 (a) (felony conviction) or 12.44(b) (misdemeanor conviction) if prosecutor consents
Mandatory post conviction CS if:
- Drug possession (not delivery);
- <=5 abuse units if LSD
- <=1 lb. if marihuana;
- No prior felony conviction
- Up to 10 years of deferred adjudication CS
- Initially from 2-5 years post conviction CS (up to 10 years with extension)
- Up to 18- days in county jail as condition
- From 90-180 days in state jail as condition.
- From 90-365 days in state jail as condition if offense is delivery of marihuana or penalty group 1, 1a or 2 controlled substance
- Also, 90-180 days in state jail as a condition following