Felony Lawyer in Dallas, Texas

Powerful Defense to Protect Your Freedoms

Felonies in Texas are punishable by minimum 180 days in a state jail facility to maximum life or death in the Texas Department of Criminal Justice (TDCJ) facility. Having a felony conviction on your record will result in you losing your right to serve on a jury, your right to vote while incarcerated, your right to possess a firearm anywhere except your residence following the completion of your incarceration, parole, and probation and the post five-year period and your right to possess body armor. Additionally, if you take a conviction on a drug charge, your license will get suspended. Felonies are categorized as State Jail, 3rd Degree, 2nd Degree, 1st Degree, and Capital.

State Jail Felonies

  • Punishable by minimum180 days in a state jail facility to maximum 2 years in a state jail facility and
  • Up to a $10,000 fine.

Common state jail felonies include:

  • Possession of a Controlled Substance penalty group 1(cocaine, methamphetamine, heroin, oxycodone, hydrocodone) less than 1 gram;
  • Possession of a Controlled Substance penalty group 2 (marijuana oil, PCP, ecstasy) less than 1 gram;
  • Possession of marijuana more than 4 ounces but less than 5 pounds;
  • Theft of property with the minimum value $2500 but less than $30,000;
  • Burglary in a building other than a habitation;
  • Criminally negligent homicide;
  • Unauthorized use of a motor vehicle;
  • Credit Card or Debit Card Abuse;
  • Money laundering if the value of the funds are $2,500 or more but less than $30,000;
  • Insurance and Medicaid Fraud if the value of the claim is $2,500 or more but less than $30,000

3rd Degree Felonies

  • Punishable by a minimum 2 years in TDCJ (prison) to maximum 10 years in TDCJ and
  • Up to a $10,000 fine.

Common third-degree felonies include:

  • Possession of a Controlled Substance penalty group 1 (cocaine, methamphetamine, heroin, oxycodone, hydrocodone) 1 gram or more but less than 4 grams;
  • Possession of a Controlled Substance penalty group 2 (marijuana oil, PCP, ecstasy) 1 gram or more but less than 4 grams;
  • Possession of a Controlled Substance penalty group 3 (Xanax, Valium) 28 grams or more but less than 200 grams;
  • Possession of marijuana more than 5 pounds but less than 50 pounds;
  • Theft of property with the value being minimum $30,000 but less than $150,000;
  • Kidnapping;
  • Indecency with a Child with intent to arouse or gratify the sexual desire of any person;
  • Assault family violence with the intent to impede breath or circulation;
  • Credit Card or Debit Card Abuse if committed against an elderly individual;
  • Money laundering if the value of the funds are $30,000 or more but less than $150,000;
  • Insurance and Medicaid fraud if the value of the claim is $30,000 or more but less than $150,000;
  • Impersonating a Public Servant;
  • Stalking;
  • DWI 3rd or More.

2nd Degree Felonies

  • Punishable by minimum 2 years in TDCJ to maximum 20 years in TDCJ and
  • Up to a $10,000 fine

Common second-degree felonies include:

  • Possession of a Controlled Substance penalty group 1 (cocaine, methamphetamine, heroin, oxycodone, hydrocodone) 4 gram or more but less than 200 grams;
  • Possession of a Controlled Substance penalty group 2 (marijuana oil, PCP, ecstasy) 4 grams or more but less than 400 grams;
  • Possession of a Controlled Substance penalty group 3 (Xanax, Valium) 200 grams or more but less than 400 grams;
  • Possession of marijuana more than 50 pounds but less than 2,000 pounds;
  • Theft of property with the value being minimum $150,000 but less than $300,000;
  • Burglary of a habitation;
  • Robbery;
  • Manslaughter;
  • Indecency with a Child with sexual contact;
  • Sexual Assault;
  • Aggravated Assault;
  • Arson;
  • Online Solicitation of a Minor if the minor is younger than 14 years of age;
  • Money laundering if the value of the funds are $150,000 or more but less than $300,000;
  • Insurance and Medicaid fraud if the value of the claim is $150,000 or more but less than $300,000.

1st Degree Felonies

  • Punishable by minimum 5 years in TDCJ to maximum 99 years (life) in TDCJ and
  • Up to a $10,000 fine

Common first-degree felonies include:

  • Possession of a Controlled Substance penalty group 1 (cocaine, methamphetamine, heroin, oxycodone, hydrocodone) 200 gram or more but less than 400 grams;
  • Possession of a Controlled Substance penalty group 2 (marijuana oil, PCP, ecstasy) 400 grams or more;
  • Possession of a Controlled Substance penalty group 3 (Xanax, Valium) 400 grams or more;
  • Possession of marijuana more than 2,000 pounds;
  • Theft of property with the value of $300,000 or more;
  • Burglary of a habitation with the intent to commit a felony other than a felony theft;
  • Murder;
  • Continuous Sexual Abuse of Young Child or Children- will result in sex offender registry AND punishment begins with minimum 25 years in TDCJ;
  • Arson if it results in bodily injury or death OR the property damaged or destroyed was a habitation or a place of assembly or worship;
  • Money laundering if the value of the funds are $300,000 or more;
  • Insurance and Medicaid fraud if the value of the claim is $300,000 or more.

Capital Felonies

  • Death penalty or
  • Life without parole in TDCJ if the individual committed the offense when 18 years of age or older
    • Life, if the individual committed the offense when younger than 18 years of age

The punishments listed for these felonies are what were decided by the legislature but keep in mind that if you are Enhanced, meaning you had a prior felony conviction, than the State has the option to increase your punishment to the next level up. Additionally, findings of a deadly weapon or committing a drug offense by a school zone will affect your parole eligibility.

Statute of Limitations

This is the amount of time the State has to file your case. The time starts ticking from the date you commit the alleged offense.

Murder and manslaughter

No time limit

Sexual assault or aggravated sexual assault (contact or penetration of child)

No time limit

Offenses against young children (continuous & indecency)

No time limit

Leaving the scene of an accident which resulted in death

No time limit

Trafficking and of persons

No time limit

Compelling prostitution (child)

No time limit

Offenses related to theft by a fiduciary

10 years

Theft by any estate, real, personal, or mixed, by an executor, administrator, guardian or trustee, with intent to defraud

10 years

Theft by a public servant of government property

10 years

Forgery

10 years

Injury to the elderly or disabled

10 years

Sexual assault or aggravated sexual assault

10 years

Arson

10 years

Compelling prostitution

10 years

Misapplication of fiduciary property

7 years

Securing execution of a document by deception

7 years

False statement to obtain property or credit

7 years

Felony violation under Ch. 162 Tax Code

7 years

Money laundering

7 years

Credit card or debit card abuse

7 years

Fraudulent use or possession of identifying information

7 years

Bigamy

7 years

Medicaid fraud

7 years

Theft or robbery

5 years

Kidnapping or burglary

5 years

Injury to an elderly or disabled individual

5 years

Abandoning or endangering a child

5 years

Insurance fraud

5 years

Sexual performance by a child, if victim is younger than 17 years of age

20 years from 18th birthday of the victim

Aggravated kidnapping if the defendant committed the offense with the intent to violate or abuse the victim sexually

20 years from 18th birthday of the victim

Trafficking of persons (child with intent for child to engage in forced labor or receives a benefit from participating in the venture that involves a child for forced labor)

10 years from the 18th birthday of the victim

Injury to a child

10 years from the 18th birthday of the victim

Compelling prostitution of a child

10 years from the 18th birthday of the victim

Other felonies

3 years

As in most criminal cases, the punishment you receive may not always be jail time. There are sometimes alternatives that can be pursued such as special programs, probation, or deferred adjudication. Please contact our office so we can help you receive the best results possible.

Contact a Felony Attorney in Dallas to Defend Your Freedom

If you have been charged with any type of felony, it is in your best interest to seek legal representation to clear your name or minimize the punishment you face.

Contact our Dallas felony defense attorneys at the Law Office of Patrick J. McLain, PLLC today at (214) 238-9392 for a consultation. Se habla Español.

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