How serious is a felony in Texas?

Asked by: Edyth Strosin  |  Last update: January 25, 2026
Score: 4.2/5 (29 votes)

Felony offenses are generally considered more serious and have greater criminal penalties, including longer prison sentencing. Misdemeanors generally have a maximum penalty of up to 1 year in jail. Felonies can include up to life in prison or the death penalty for capital murder.

How bad is a felony in Texas?

First degree felonies are the second-most severe type of crime in Texas. Convictions carry up to life imprisonment. The mandatory minimum is 5 years in jail. Judges can also sentence the defendant to pay up to $10,000 in fines.

What happens to first time felony offenders in Texas?

Typically, first offender programs require participants to attend certain classes, undergo treatment or counseling, and remain on probation for a period of time. In exchange, the probation may not be officially entered in the record, and the defendant may avoid jail time and other serious consequences.

What is the most common felony in Texas?

These are the most common felony offenses:
  • Abandoning/Endangering a Child.
  • Aggravated Assault.
  • Aggravated Sexual Assault.
  • Aggravated Robbery.
  • Assault Bodily Injury Family Member.
  • Burglary of a Habitation.
  • Concealed Handgun Violation.
  • Counterfeiting.

Can a felony be dropped in Texas?

Fortunately, being charged with a felony does not necessarily mean you will be convicted. In fact, your charges may be dismissed or dropped before your trial even begins. Judges can dismiss a case either on the motion of the defendant or on their own motion. In most cases, though, the prosecution will drop the charges.

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20 related questions found

How often do felony cases get dismissed?

Regardless of the cause, around 25-30% of felony charges get dropped before trial, so there's a decent chance your case could get dismissed, too.

How does a felony affect your life in Texas?

A felony conviction in Texas is a serious thing that can have lifelong consequences. Not only can it have a lasting impact on your life, but it can also lead to the loss of basic civil rights (such the right to vote, sit on a jury, and to own, possess, or use a firearm).

What is the minimum sentence for a felony in Texas?

First Degree Felony: The maximum sentence here is 99 years with a mandatory minimum of five years. Courts can also impose a fine of up to $10,000. Second Degree Felony: Courts can impose a prison sentence of up to 20 years in these cases with a minimum of two years. The fine may also be as large as $10,000.

What is the smallest felony?

In contrast, a Class E Felony is the least serious felony because it carries between 1-5 years in jail. Similarly, misdemeanor crimes are also classified by a letter grade. Class A misdemeanors are the most serious. They carry up to one year in jail.

How long does a felony last in Texas?

How long do felonies stay on your record in Texas? Under Texas law, criminal charges including felonies and misdemeanors stay on your record permanently. This is true even if the charges were dismissed, you were found not guilty, or you successfully completed deferred adjudication.

Can you get probation for a felony Texas?

Most felons can get probation in Texas by negotiating a plea bargain with the prosecution. A defendant might be able to bypass the Texas indictment process with a grand jury by agreeing to a plea deal in which he or she pleads guilty to avoid prison time. Instead, the defendant will get a probation sentence.

How long do felony cases take in Texas?

If you are accused of a felony, the state must bring your case to trial within 180 days after the date you are charged. If you are accused of a misdemeanor which is punishable by imprisonment of more than 180 days, the state must bring your case to trial within 90 days.

What is the 3 felony rule in Texas?

If you have been convicted of three felonies, or 'three strikes', the prison sentencing you face will be much longer, from 15 or 25 to life. Texas is one of many states to enact a 'three strike' law, enforcing harsher punishments for those who have committed numerous crimes and are likely to do so again.

What rights do felons lose in Texas?

In Texas, convicted felons lose their right to vote while they are incarcerated, on parole, or on probation. Voting rights are automatically restored upon completion of their sentence, including parole and probation.

Do first time felony offenders go to jail in Texas?

So you could be sentenced to jail even if you have no prior record. However, the state of Texas has developed programs specifically for first-time criminal offenders to keep them out of jail and to keep the focus on rehabilitation.

What is the most common punishment for a felony?

For less serious or first-time felonies, the judge can usually sentence a person to either jail time or probation, instead of prison. However, for violent crimes like murder or aggravated assault, a convicted felon will likely face a lengthy prison sentence.

What is the lowest level of felony charge?

Class D felonies are the least serious felony crimes. A large number of states alphabetically classify felony charges. (Others, such as Arizona and Colorado use a numerical system, such as Classes 1, 2, 3, and 4.) For example, states such as Alabama and Alaska use the alphabetical classification system.

Which is worse felony 1 or 3?

In criminal law, a first-degree offense is the worst felony. It's worse than a second-degree offense, which is worse than a third-degree offense, and so on. So the higher the degree, the lesser the crime.

How to avoid jail time for felony?

5 strategies for lessening or avoiding jail time in felony cases
  1. #1: Negotiating plea bargains. Pleading out can be a strategic move. ...
  2. #2: Rehabilitation and counseling. ...
  3. #3: Character references. ...
  4. #4: Diversion programs. ...
  5. #5: Demonstrating remorse.

What is the most serious felony in Texas?

Capital Felonies are the Most Serious Classification of Felony Charge in Texas. In Texas, the most serious criminal charges are categorized as capital felonies. This classification, under Texas law, represents the most severe crimes committed and, accordingly, carries the gravest penalties.

How many days in jail is a $500 fine in Texas?

Class C misdemeanors in Texas are punishable by a fine of up to $500. There is no jail time for a Class C misdemeanor.

Does a felony always result in jail time?

However, it's a common misconception that all felonies automatically result in jail time. The truth is more nuanced. Under California law, judges possess considerable discretion in sentencing, allowing them to impose probation in certain cases instead of incarceration.

Can you get rid of a felony in Texas?

If you were charged with a felony, you must wait three years from the date of your arrest before you can petition the court to have your records removed. If you do not meet the criteria for an expunction, you may petition the court for an order of nondisclosure.

What are the cons of being a felon?

One Felony, Five Huge Repercussions
  • You can't travel, but you also can't find a home. As a convicted felon, you may have trouble obtaining a US passport. ...
  • You can't vote. ...
  • You can't serve on a jury. ...
  • You can't get public benefits. ...
  • You can't get a job.