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Felony Information

1st Degree Felonies

  • Agg Assault (of public servant)
  • Agg Assault (dw shi fv)
  • Agg Kidnapping (no voluntary safe release)
  • Agg Robbery
  • Agg Sexual Assault (adult or child)
  • Attempted Capital Murder
  • Arson (of habitation or place of assembly or worship)
  • Burg of Habitation (with intent to commit felony other than theft)
  • Engaging in Org Crime Act (if listed 1st or 2nd deg felony committed or conspiracy for 1st degree felony)
  • Escape (dw or sbi)
  • Injury to Child, Elderly, or Disabled (int or knowing sbi)
  • Murder (no sudden passion)
  • Sexual Assault (if marriage to V would be bigamy)
  • Solicitation of Capital Murder
  • Tampering w/ Ble. Voting Machine
  • Trafficking of Persons (if <14 or death)

2nd Degree Felonies

  • Agg Assault (not public servant)
  • Agg Kidnapping (safe release)
  • Arson (not place of worship or habit)
  • Bigamy (if V>15)
  • Bribery
  • Burg of a Habitation (intent to commit, commit, or attempt theft or assault)
  • Engaging in Org Crime Act (if listed 3rd degree felony committed or conspiracy for 2nd degree felony)
  • Escape(by causing bi)
  • Evading (death of another)
  • Improper Relationship (teacher/student)(
  • Indecency w/ Child (contact)
  • Injury to a Child, Elderly, or Disabled (reckless ski)
  • Intoxication Manslaughter
  • Kidnapping (risk of ski)
  • Manslaughter(recklessly)
  • Murder (w/ sudden passion)
  • Online Solicitation (if V <13)
  • Prohibited Sexual Conduct (if V is 1st cousin)
  • Robbery
  • Sexual Assault
  • Stalking- 2nd
  • Trafficking of Persons

3rd Degree Felonies

  • Assault (of ps. Or 2nd dating/family related)
  • Agg Perjury
  • Arson (reckless MCS bi or death)
  • Bail Jumping (felony arrest)
  • Cruelty to Animal (3rd torture or kill)
  • Deadly Conduct (w/ firearm)
  • DWI- 3rd
  • Engaging in Org Crime Ace (if listed SJF committed or consp for 3rd deg fel)
  • Enticing Child (int felony)
  • Escape (from felony offense)
  • Evading (2nd w/ vehicle or ski)
  • Harassment (by prisoner)
  • Improp Cont w/ Victim (while confined)
  • Indecency w/ Child (exposure)
  • Injury to Child, Elderly, or Disabled (int or knowing bi or crim neg. omission or exploitation).
  • Intoxication Assault
  • Kidnapping
  • Obstruction/Retaliation
  • Online Solicit of Minor (w/ intent to engage in sex)
  • Poss. Firearm (by felon)
  • Poss. of Proh. Weap. (not switchblade/knuckles)
  • Poss. of Weapon ( prohibited place)
  • Prohibited Sexual Conduct
  • Prohibited sub in prison/ jail
  • Stalking 1st
  • Tampering with Evidence
  • Terroristic Threat (if public utility, public in fear of sbi or influence govt.)
  • UCW (no licensed premise)
  • Unlawful Restraint (risk of sbi or of ps or by inmate)
  • Violation of Protective Order 3rd.

State Jail Felonies

  • Arson (reckless MCS, no bi)
  • Burglary of a Building
  • Credit/Debit Card Abuse
  • Criminal Nonsupport
  • Criminally Negligent Homicide
  • Cruelty to Animal (1st torture or kill or 3rd- starve or abandon)
  • DWI ( w/ child passenger)
  • Engaging in Org Crime Act (if listed Class A misd committed or conspiracy for SHJF)
  • Evading (w/ vehicle)
  • False Alarm or Report
  • Forgery (commercial instrument)
  • Fraudulent Use or Possession of Identifying Information
  • Improper Photography or Visual Recording
  • Injury to a Child, Elderly or Disabled (reckless bi or cim. Neg abi)
  • Interference with Child Custody
  • Interference with Rights of Guardian
  • Online Solicit of Minor (By comm distrib of material)
  • Prostitution- 4th
  • Tampering with Witness
  • Terroristic Threat (3rd or firearm or from person)
  • Unauth Absence from CCF or CC
  • Unauthorized Use of a Vehicle
  • Unlawful Restraint (of child)
Punishment Ranges

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