Punishment Ranges

STATE WIDE CRIMINAL REPRESENTATION

ALL FELONIES AND MISDEMEANORS

Texas law has different classifications for punishments dependent on the crime charged. These are divided between misdemeanor and felonies.There are five degrees of felonies and three degrees of misdemeanors:

Punishment Ranges:

Capital Felony

Death

Life imprisonment

Not eligible for community supervision

First Degree Felony

Life

Or a term from 5-99 years

Up to a $10,000.00 fine

Second Degree Felony

Confinement for a term 2-20 years

Up to a $ 10,000.00 fine

Community Supervision if eligible * see explanation below

Third Degree Felony

Confinement for a term 2-10 years

Up to a $10,000.00 fine

Community Supervision is eligible * see explanation below

State Jail Felonies

Confinement for a term 180 days-2 years

Up to a $10,000.00 fine

Community Supervision if eligible * see explanation below

Only the Judge can assess Community Supervision in a SJF case

Class A Misdemeanor

Confinement not to exceed 1 year in the county jail; and or

A fine not to exceed $4,000.00

Community Supervision if Eligible * see explanation below

Class B Misdemeanor

Confinement not to exceed 180 days; and or

A fine not to exceed $2,000.00

Community Supervision if Eligible * see explanation below

Class C Misdemeanor

No confinement

A fine not to exceed $500.00

Deferred disposition if eligible up to 180 days non supervised

Community Supervision “Probation”

To be eligible for Community Supervision you can not have any prior felony convictions. However under certain circumstances if there is a plea bargain and the Judge agrees to accept the agreement between the Defense and the State an individual with a prior felony conviction can be placed on community supervision.

Felonies can also be enhanced from the minimum range of punishment if you have prior felony convictions. The minimum range can vary dependant upon the number of felonies or type of felony one has.

Deferred Adjudication Probation is available for some offenders. However, it is not available for intoxication offenses or sexual offenses if one has been previously been placed on community supervision for a sex offense. It is also not available for drug offenses if it is found that a child was used in the commission of the offense.