What’s My Sentence? Understanding Potential Penalties for Criminal Charges

In Texas, the severity of an offense will determine the criminal sentencing guidelines. The state categorizes offenses into different classes – misdemeanors and felonies. While those classifications and the guidelines play a role, the circumstances of the offense, the defendant’s criminal history, and other factors will all influence the actual sentence.

How Texas courts determine a sentence

Texas courts review many factors when sentencing a person convicted of a crime, including:

• The severity of the offense
• The defendant’s criminal history
• Whether or not the prosecution and defense reached a plea deal
• Any aggravating factors, such as using a weapon or harm to vulnerable victims
• Any mitigating factors, such as showing remorse

Here is an overview of possible consequences for different categories of misdemeanors and felonies.

Misdemeanors in Texas

Misdemeanors are less serious offenses than felonies. Within the category, there are three classes: Class A, Class B, and Class C. In general, penalties for misdemeanors involve shorter jail sentences and smaller fines.

• Class A misdemeanor: Examples that fall into this category include assault causing bodily injury, burglary of a vehicle, resisting arrest, and second offense As the most serious misdemeanor category, the penalties can include up to one year in county jail and fines of up to $4,000.
• Class B misdemeanor: Examples of these crimes include first offense DWI, possession of up to two ounces of marijuana, criminal trespass, and indecent exposure. Penalties for Class B misdemeanors include up to 180 days (6 months) in county jail and fines up to $2,000.
• Class C misdemeanor: This is the least severe category of misdemeanor, including offenses like public intoxication, disorderly conduct, and minor traffic violations. Penalties for these misdemeanors do not include jail time but can lead to fines of up to $500.

Felonies in Texas

Felonies are more serious crimes and carry heavier penalties, including longer prison sentences. There are five categories of felonies: capital felony, first-degree felony, second-degree felony, third-degree felony, and state jail felony.

• Capital felony: Capital murder, which includes the murder of a police officer, multiple murders, and murder during the commission of another felony, such as kidnapping or robbery, is the highest level of felony. Penalties include life imprisonment without parole or the death penalty. For offenders under 18 at the time of the crime, the sentence is life with the possibility of parole.
• First-degree felony: Some examples of this include aggravated robbery, sexual assault of a child, and large-scale drug offenses. The penalties can range from five to 99 years or life imprisonment and fines up to $10,000.
• Second-degree felony: Crimes like manslaughter, aggravated assault, and arson fall into this category. Penalties include between two and 20 years in prison and fines of up to $10,000.
• Third-degree felony: Examples include intoxication assault, certain types of fraud, and tampering with evidence. The penalties fall between two and ten years in prison and can include fines of up to $10,000.
• State jail felony: These are the lowest level felonies, including possession of small amounts of certain controlled substances, credit card abuse, and criminally negligent homicide. If a weapon was involved or the offender has previous convictions, the crime can be elevated to a higher-degree felony. The penalties include 180 days to two years in a state jail facility and fines of up to $10,000.

Enhancements and aggravating factors

Texas law includes enhanced penalties for repeat offenders, especially in felony cases. For example, if a person is convicted of a second or third felony, their sentence may be increased. Habitual offenders can face life sentences, even for non-capital offenses. The use of a deadly weapon in the commission of a crime is one cause for courts to use enhanced penalties, including longer prison sentences. Offenses against children, the elderly, or disabled individuals also may carry harsher sentences.

Probation (community supervision)

Texas offers probation, officially called community supervision, for certain offenses and offenders who meet eligibility criteria. Probation allows offenders to serve their sentences outside of jail or prison under strict supervision. If probation is granted, the offender must comply with various conditions, such as:

• Regular check-ins with a probation officer
• Community service
• Drug or alcohol counseling
• Payment of fines and court fees
• Avoiding further criminal activity

Violating the terms of probation can result in the revocation of probation and the offender’s sentencing to jail or prison.

Parole

For felony offenders sentenced to prison, parole is a conditional early release based on good behavior and other factors. The Texas Board of Pardons and Paroles decides if and when an offender is eligible for parole. Some offenders, such as those convicted of certain violent crimes, must serve a large portion of their sentence before becoming eligible for parole. For example, offenders convicted of violent felonies (crimes like aggravated assault, murder, and certain sex crimes) must serve at least 50 percent of their sentence before being considered for parole.

For capital murder, offenders sentenced to life must serve 40 years before becoming eligible for parole (if they are not sentenced to life without parole or the death penalty). For many crimes, offenders must serve at least 25 to 50 percent of their sentence before becoming eligible for parole.

Deferred adjudication

In some cases, Texas offers deferred adjudication, a type of probation in which the court delays a finding of guilt. The charges may be dismissed if the defendant completes the probationary period without violating the terms. Deferred adjudication is available for many misdemeanor and felony offenses but is not allowed for certain serious crimes, like DWI or murder.

After successfully completing deferred adjudication, the defendant may be eligible to have their record sealed through an Order of Nondisclosure, meaning the criminal record is hidden from most public and private entities (though certain law enforcement and government agencies can still access it). However, deferred adjudication generally cannot be expunged (completely erased) unless the case involved a Class C misdemeanor.

Death penalty

Capital punishment was declared “cruel and unusual punishment” by the U.S. Supreme Court in 1972; however, Texas reinstated the death penalty in 1976. The state imposes the death penalty for capital offenses like capital murder. Following a conviction in a capital case, a separate sentencing phase is held to determine whether the defendant receives the death penalty or life imprisonment.

When facing criminal charges, finding the right lawyer is your most important decision. You deserve a fighter on your side: a former prosecutor who will fight for your rights and freedom in the courtroom but also knows how to negotiate a dismissal. At Mary Beth Harrell Law Firm, we are dedicated to protecting and upholding our clients’ rights. Call us or fill out our contact form to set up an initial consultation today.