The Potential Consequences of a Felony Conviction in Texas

 Posted on August 16, 2024 in Criminal Defense

Texas ranks as the state in the nation with the most people incarcerated. There are currently more than 130,000 people sitting in Texas prisons and jails. This should come as no surprise since the state also has the sixth highest incarceration rate in the country at 452 out of every 100,000 individuals, as well as having the most convicted felons living here. While population does play a role in these numbers, it is important to note that other states with similar populations – like California – are not even in the top ten of felon population.

Felony charges are the most serious criminal offenses you can face. Although a misdemeanor conviction can result in up to 12 months in jail, a felony conviction often means years in prison, including the potential of life sentences. If you have been arrested on felony charges, it is important to speak with a Texas defense attorney immediately to find out what legal options you may have for defending against these charges.

Felony Classification

Numerous crimes can be charged as felonies, including drug offenses, DWI, violent crimes, property crimes, and sex crimes. When an offense is elevated from a misdemeanor to a felony, the penalties for conviction are more severe. For example, a first-offense DWI is typically charged as a misdemeanor, and the sentence for a conviction includes a mandatory jail time of three days up to 180 days and a fine of no more than $2,000. However, if you have a minor child in the car with you, the charge is elevated to a state jail felony, and conviction means 180 days to two years in state jail and a fine of up to $10,000.

If a person who has already been convicted of a state jail felony has a subsequent conviction, the enhanced sentence is between two and 10 years in prison.

There are four other classifications of felonies under Texas law:

• Third-degree felony – A conviction carries a state prison sentence of between two and 10 years and a fine of up to $10,000. The enhanced sentence for a subsequent third-degree felony is two to 20 years in prison.

• Second-degree felony – A conviction carries a state prison sentence of between two and 20 years and fines of up to $10,000. The enhanced sentence for a subsequent second-degree felony is five to 99 years in prison.

• First-degree felony – A conviction carries a state prison sentence of between five and 99 years. The court could also sentence the defendant to life in prison. The enhanced sentence for a subsequent first-degree conviction is 15 to 99 years in prison.

• Capital felony – The sentence for a conviction of a capital felony in Texas is the death penalty. The defendant could be sentenced to life in prison if the prosecution does not see the death penalty.

Contact Our Llano County, TX Criminal Defense Lawyers Today

If you have been arrested on felony charges, the impact a conviction can have on your future and your freedom is significant. There are a number of options that may be available as a defense against these charges depending on the circumstances of your case. Call the Law Office of Russ Alan Baker, PLLC at 325-216-2006 to schedule a confidential consultation with one of our dedicated Llano, TX defense attorneys to ensure your constitutional rights are protected.