What Are Texas’s Felony Classes?

State Jail Felonies

These crimes carry a punishment of confinement in a state jail for a period of 180 days to two years. State jail felonies are not eligible for probation or parole until the offender serves at least half their sentence. Many consider these crimes less severe than other felonies, but these felonies still carry significant consequences. Offenders can lose their voting rights and the ability to possess firearms.


  • Burglary
  • Tampering with evidence
  • Credit or debit card abuse
  • Unauthorized use of a vehicle
  • Failure to register as a sex offender
  • Driving while intoxicated (third offense)
  • Forgery of a government document or money order
  • Theft of property worth between $2,500 and $30,000
  • Criminal mischief causing damage between $2,500 and $30,000
  • Possession of more than four grams but less than 200 grams of a controlled substance

Third-Degree Felonies

Third-degree felonies carry penalties of up to 10 years in prison and fines of up to $10,000.


  • Assault of a public servant
  • Indecent exposure to a child
  • Online solicitation of a minor
  • Deadly conduct with a firearm
  • Stalking (with a deadly weapon or previous conviction)
  • Tampering with government records (such as falsifying a driver's license or birth certificate)

Second-Degree Felonies

These crimes also carry significant penalties, including up to 20 years in prison and fines as high as $10,000.


  • Aggravated assault with a deadly weapon
  • Robbery (with an injury or threat of injury)
  • Unlawful possession of a firearm by a felon
  • Improper relationship between educator and student
  • Theft of property worth between $30,000 and $150,000
  • Burglary of a habitation (with intent to commit a felony other than theft)
  • Deadly conduct (firing a gun at or in the direction of a person or building)
  • Possession of between four and 400 grams of a controlled substance (such as cocaine or heroin)
  • Intoxication assault (causing serious bodily injury to another person while driving under the influence)
  • Manufacture and delivery of between four and 200 grams of a controlled substance (such as cocaine or heroin)

First-Degree Felonies

First-degree felonies in Texas are considered the most serious criminal offense. If convicted, someone could go to prison for 5 years to life. Additionally, they could be required to pay fines up to $10,000.


  • Murder
  • Aggravated kidnapping
  • Aggravated sexual assault
  • Theft of property worth more than $300,000
  • Arson (causing bodily injury or destruction of a habitation or place of worship)
  • Possession of more than 400 grams of a controlled substance (such as cocaine or heroin)
  • Fraudulent use or possession of identifying information (with the intent to harm or defraud)
  • Intentional or knowing infliction of serious bodily injury to a child, elderly person, or disabled person

Capital and Life Felony Crimes in the Lone Star State

A capital felony is the most serious charge a person can face in the state. Sentences could include the death penalty.

Capital felony crimes in Texas include:

  • Capital murder
  • Aggravated sexual assault
  • Sexual assault of a child under the age of six
  • Aggravated kidnapping with the intent to commit a felony offense

A life felony can result in a sentence of life in prison with the possibility of parole after 30 years.

Life felony crimes in Texas include:

  • Murder
  • Kidnapping
  • Sexual assault
  • Human trafficking
  • Aggravated robbery

Law Offices Of Mark M. Childress is here to help defend you against felony accusations. If you’ve been charged with a felony, reach out to us today for a free consultation. You can contact us online or call us at (817) 497-8148.

Related Posts
  • Public Defenders vs. Private Criminal Defense Attorneys Read More
  • Can a Minor Be Tried as an Adult in Texas? Read More
  • The Criteria for a Self-Defense Plea in Texas Read More