Austin Felony Defense Strategies
Felony offenses are serious criminal charges that may be punishable by a sentence in prison and a substantial fine. The sentence for a felony depends on the severity of the crime, prior convictions and the discretion of the prosecutor, judge or jury. In some cases, community supervision (probation) may be granted in lieu of prison time and often our clients are out of jail, awaiting the final resolution of their case.
Many of the same crimes can be considered a misdemeanor or a felony, depending on the seriousness. Theft, for example, is considered a misdemeanor in Texas if the dollar amount of the stolen goods is less than $1,500. If the value of the goods stolen exceeds that amount, the crime may be considered a felony.
People convicted of felony crimes lose many of their civil rights including:
- The right to vote is taken away
- The right to serve on a jury
- Enlist or remain in the military
- Driver’s license revoked or suspended
- Employers have the right to inquire about any felony convictions
- Insurance companies may not insure convicted felons
- Some professions such as attorneys, doctors or financial advisors can lose their license to practice if they receive a felony conviction
Classification of Felonies
Felony offenses are divided into one of the following three classes in Texas:
Capital Felony – Punishable by confinement in prison for life with no possibility of parole, or the death penalty.
1st Degree Felony
Punishable by a fine not to exceed $10,000, confinement in prison for life or for any term from 5 to 99 years, or both such fine and confinement. Persons convicted of a 1st Degree offense may be eligible for community supervision.
2nd Degree Felony
Punishable by a fine not to exceed $10,000, confinement in prison for a term from 2 to 20 years, or both such fine and confinement. Persons convicted of a 2nd Degree Felony offense may be eligible for community supervision.
3rd Degree Felony – Punishable by a fine not to exceed $10,000, confinement in prison for a term from 2 to 10 years, or both such fine and confinement. Persons convicted of a 3rd Degree Felony offense may be eligible for community supervision.
State Jail Felony
Punishable by a fine not to exceed $10,000, confinement in a State Jail prison facility for a term from 180 days to 2 years, or both with fine and confinement. Persons convicted of a State Jail Felony offense may be eligible for community supervision.
Felony Offenses
| Aggravated Assault
Aggravated Assault w/ a Deadly Weapon Aggravated Assault (Public Servant) Aggravated Kidnapping Promotion of Prostitution Aggravated Robbery Aggravated Sexual Assault Agreement to Abduct From Custody Aiding Suicide Arson Attempted Murder Bail Jumping and Failure to Appear Bigamy Burglary of a Habitation (Assault) Burglary of a Habitation (Theft) Burglary of Building Capital Murder Credit Card or Debit Card Abuse Credit Card Transaction Record Criminal Solicitation of a Minor Criminally Negligent Homicide Cruelty to Animals DWI 3rd offense Endangering Child/Risk Bodily Injury Engaging in Organized Criminal Activity Evading Arrest or Detention in a Vehicle Fail to Stop & Render Aid False Report to Parole Officer or Law Enforcement Employee False Statement to Obtain Property or Credit Forgery Graffiti (School or Church) Indecency with a Child Injury to a Child Insurance Fraud Interference with Child Custody Intoxication Assault Intoxication Manslaughter Involuntary Manslaughter |
Kidnapping
Leaving a Child in a Vehicle Making a Firearm Accessible to a Child Manslaughter Money Laundering Motion To Adjudicate (MTA) Motion to Revoke Probation (MTRP) Murder Obstruction or Retaliation Perjury Possession of a Controlled Substance, PG 1, (< 1 gr) Possession of a Controlled Substance, PG 1, (< 1 gr) w/ Intent Possession of a Controlled Substance, PG 1, (1-4 gr) Possession of a Controlled Substance, PG 1, (1-4 gr) w/ Intent Possession of a Controlled Substance, PG 1, (200-400 gr) Possession of a Controlled Substance, PG 1, (200-400 gr) w/ Intent Possession of a Controlled Substance, PG 1, (4-200 gr) Possession of a Controlled Substance, PG 1, (4-200 gr) w/ Intent Possession of a Dangerous Drug Possession of a Prohibited Weapon Possession of Gambling Device/Equip./Paraph Possession of Marijuana (over 4 oz.)) Possession or Promotion of Child Pornography Prohibited Substance in a Correctional Facility Robbery Taking/Attempting to Take Weapon From a Police Officer Tampering with a Witness Theft (over $1500) Theft (by Check over $1500) Trespass by License Holder to Carry Concealed Gun Unauthorized Use of a Motor Vehicle Unlawful Possession of a Firearm by a Felon |