Texas Felony: Laws, Penalties, Sentencing, and Records

A felony in Texas is a serious crime punishable by more than one year of incarceration in state prison. Felonies are the most serious type of criminal offense under Texas law and are followed by strict punishment like the loss of one’s civil rights, permanent criminal records, long-term imprisonment, and heavy fines. There are five categories of felonies in Texas. The penalties vary widely and can range from two years in a state jail to life without parole.

What Is Considered a Felony in Texas?

The Texas Penal Code § 12.04 contains the definition of felonies in Texas. These offenses can be grouped under the following categories:

• Violent Crimes: Manslaughter, aggravated assault, rape, kidnapping, murder, and armed robbery.
• Drug Crimes: Manufacturing, possession, and trafficking of regulated substances.
• Property Crimes: Auto theft and theft of property valued at $2,500 or more, arson, and burglary.
• White-Collar Crimes: Fraud, embezzlement, forgery, securities fraud, and identity theft.
• Weapons Offenses: Aggravated firearm crimes, felon in possession of a firearm, and unlawful weapon use.

Whether a case is classified as a misdemeanor or elevated to a felony depends on its severity. For instance, theft valued at an amount above $2,500 is considered a felony, while assault may rise to the level of a felony when it results in serious bodily injury or involves the use of a deadly weapon.

What Is a Felony in Texas?

Unlike misdemeanors, which carry a maximum sentence of up to a year in county jail, felonies usually require incarceration in a state jail or prison. In Texas, some common consequences of a felony conviction include:

• Prison or jail sentences from 180 days to life or death.
• Fines up to $10,000.
• Loss of rights, including public office eligibility, firearm ownership, and voting during elections.
• Permanent criminal record that affects professional licensing, housing, employment, and immigration.

Felony Classes and Penalties in Texas

Texas organizes felonies into five levels: capital, first, second, third, and state jail felonies.

Texas Felony Categories

• Capital Felony
  • Includes capital murder.
  • Penalty: Death penalty or life imprisonment without parole.
• First-Degree Felony
  • Includes aggravated robbery, aggravated sexual assault, and large-scale drug trafficking.
  • Penalty: 5 to 99 years or life in prison.
  • Fine: Up to $10,000.
• Second-Degree Felony
  • Includes manslaughter, sexual assault, arson, and robbery.
  • Penalty: 2 to 20 years of incarceration.
  • Fine: Up to $10,000.
• Third-Degree Felony
  • Includes intoxication assault, certain firearm offenses, and mid-level drug crimes.
  • Penalty: 2 to 10 years of confinement.
  • Fine: Up to $10,000.
• State Jail Felony
  • This is the lowest felony level, which includes offenses like theft of property worth between $2,500 and $30,000, credit card abuse, and low-level drug possession.
  • Penalty: 180 days to 2 years in a state jail facility.
  • Fine: Up to $10,000.

Felony Sentencing Guidelines in Texas

A defendant’s punishment is usually determined by several key factors, such as statute, judicial discretion, and aggravating or mitigating circumstances.

Key Sentencing Factors

1. Felony Category: Each offense has a specific range of potential punishment.
2. Mandatory Minimums: Some crimes, such as firearm-related felonies, drug trafficking, and sex offenses, impose mandatory minimums.
3. Aggravating Factors: Crimes against children or elderly victims, use of deadly weapons, and gang activity are circumstances that lead to a more severe punishment.
4. Mitigating Factors: Being a first-time offender and showing potential for rehabilitation can be used to argue for a reduction in the defendant’s sentencing.
5. Repeat Offender Enhancements (Habitual Offender Law – Texas Penal Code § 12.42): Prior felony convictions can significantly increase sentencing.
6. Probation (Community Supervision): Available for some nonviolent felonies, particularly state jail felonies and third-degree felonies.
7. Parole: Eligibility is determined by the Texas Board of Pardons and Paroles, though violent crimes often carry stricter requirements.

A conviction for first-degree aggravated robberynormally carries a sentencing range of 5 to 99 years. Nevertheless, the minimum sentence may increase significantly under habitual offender provisions.

Felony Laws and Procedures in Major Texas Cities

Houston (Harris County)

The largest felony caseload in Texas is handled in the Harris County District Courts located in Houston. Record seekers can locate felony or criminal records either by visiting the District Clerk’s Office in person or by using the Case Information portal.

Dallas (Dallas County)

In Dallas, the Dallas County Criminal District Courts prosecute all felony matters that arise within the county. To access felony records, interested parties may visit the Criminal (felony) Court Section of the District Clerk’s Office.

Austin (Travis County)

Austin is home to nine District Courts that handle felony matters within Travis County. The Criminal Division of the District Clerk’s Office maintains all adult felony criminal records. Individuals seeking records may either visit the Clerk’s Office or use the Travis County Odyssey Portal.

How to Search for Felony Records in Texas

In Texas, case records are maintained at the county level where the case was prosecuted. Besides the courts, anyone can request felony records from the Texas Department of Public Safety, Sheriff’s Office, or local police departments.

1. County District Clerks

The District Clerk’s Office is the official custodian of all felony criminal records handled by the District Court. In addition, this office provides access to both electronic records and certified copies of adult felony records.

3. Texas Department of Public Safety (DPS)

The DPS Crime Records Division provides official statewide criminal history checks, including felony convictions. This division allows access to felony conviction records through a fingerprint-based search.

4. Local Police and Sheriff’s Departments

Typically, local police departments and Sheriff’s Offices keep custody of booking reports, incident reports, and arrest records. Under the Texas Public Information Act, anyone may request publicly available records.

5. Third-Party Background Checks

Some private websites allow users to conduct searches for felony records, thereby saving on the cost of visiting the courthouse.

Open vs. Sealed Records

• Open Records: Most felony convictions remain public according to the provisions of the Texas Public Information Act.
• Expungement/Orders of Nondisclosure: Texas allows expungement in limited cases (dismissals, acquittals, or pardons). Nonviolent felonies may be eligible for sealing under Orders of Nondisclosure, but violent and sex offenses are excluded.

Why Understanding Felonies in Texas Matters

For an individual, the outcome of a felony conviction in Texas extends far beyond prison and fines. This can cause employment challenges, educational limitations, or the loss of civil rights. Understanding Texas felony laws and the penalties is essential for individuals, employers, and organizations.

Felonies in Texas are divided into five categories (Capital, First-, Second-, Third-Degree, and State Jail Felonies), with penalties ranging from 180 days in state jail to life or death. A judge's or jury’s sentence depends on statutory ranges, habitual offender enhancements, and aggravating or mitigating factors.

To ensure transparency to the public, felony records can be accessed through the Texas Judicial Branch case portal, county District Clerks, or the Department of Public Safety.