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.