Austin Felony Defense Attorney

Felony Charges

In Texas, a felony is described as a serious crime. Such examples include burglary or theft with a value of more than $1,500, homicide, aggravated assault, rape, kidnapping, violations of federal drug or gun laws, and crimes causing harm to property. All felony charges are subject to a year or more in a state penitentiary or jail.

Texas’ felonies have three degrees of seriousness as well as capital and state jail felony. The three degrees are First, Second, and Third Degree Felony. First degree is the most serious of the three degrees of felony.

Capital felony is the most serious of the felonies. Punishment for this type of crime can include death by lethal injection or life imprisonment. This classification is given to capital murder alone. Capital murder can be killing a peace officer or fireman; murder in conjunction with kidnapping, burglary, robbery, aggravated sexual assault, or arson; murder for hire; murdering multiple people or murdering a child younger than 6 years.

First Degree felonies involve a punishment of between 5 and 99 years and a possible fine of up to $10,000. These crimes include murder; aggravated sexual assault; aggravated kidnapping; aggravated robbery; arson involving a place of worship or that causes injury; and theft or criminal mischief of $100,000 or more.

Second degree felonies receive a punishment of between 2 and 20 years in prison and a possible fine of up to $10,000. Possible crimes that constitute a Second Degree charge include murder; manslaughter; indecency with a child by sexual contact; sexual assault; robbery; aggravated assault; arson; burglary of a house or residence; and theft or criminal mischief.

Third degree felonies are eligible for a 2 to 10 year prison term as well as the possibility of a $10,000 fine. These crimes include intoxication assault; kidnapping; stalking if it is not a first conviction; violating a protective order; a third DWI conviction; and theft and criminal mischief.

State Jail Felony is the least serious of the felony charges. They have a prison sentence of between 180 days and 2 years as well as a possible fine of up to $10,000. The court may impose a Class A misdemeanor punishment. These offenses include criminally negligent homicide; burglary of a building; criminal nonsupport; forgery involving a check or credit card; criminal mischief of less than $1,500 to a residence with a firearm or explosive weapon; and theft or criminal mischief of $1,500 or more.

Many felony charges involve mandatory minimums. Mandatory minimums are sentences that go along with specific crimes. These minimum sentences do not give the judge much leeway when it comes to handing down a sentence.

For these reasons, it is important to consult a criminal defense lawyer. The Austin Criminal Defense Lawyers of Morales & Navarrete are here to help you win your case and clear your name. Contacting them should be your first call, whether you are under investigation or have already been charged with a felony.