A felony allegation doesn’t determine the sentence a person will receive or whether the state will prove its case. The charged offense has a statutory classification and potential punishment range, but the evidence, alleged conduct, criminal history, and legal issues also matter.
In our felony defense work, we draw on more than 40 years of combined criminal-law experience. Our backgrounds in policing, prosecution, and the judiciary inform how we examine the investigation, assess the evidence, and prepare for court.
Texas Has Five Felony Categories
The degree listed in a charging document is the starting point for understanding the potential punishment, not a prediction of the case’s outcome. Texas law establishes these categories and base ranges:
- Capital felony: Death if the state seeks that punishment, or life without parole for a person who was 18 or older when the offense occurred. A person younger than 18 faces life imprisonment.
- First degree: Five to 99 years, or life, in prison.
- Second degree: Two to 20 years in prison.
- Third degree: Two to 10 years in prison.
- State jail felony: 180 days to two years in a state jail facility.
Except for the capital category, each classification may also carry a fine of up to $10,000. Texas Penal Code Section 12.04 and the punishment provisions that follow it establish these categories. The statute defining the alleged offense determines its base classification. For example, robbery is generally a second-degree offense, while aggravated robbery is generally a first-degree offense.
Read the charging paperwork closely to identify both the offense and its alleged degree. If the paperwork is unclear, ask counsel to explain the governing statute, the base punishment range, and any allegations that would change that range.
What Separates a Felony from a Misdemeanor
A felony is an offense designated as a felony by law or punishable by death or confinement in a penitentiary. A misdemeanor is punishable by a fine, confinement in jail, or both.
The distinction affects more than the label. A term of confinement imposed for a felony conviction is served in a state jail facility or the Texas Department of Criminal Justice prison system. Confinement for a misdemeanor conviction is generally served in a county jail. The two classifications also follow different court processes and carry different potential consequences.
A charge remains an accusation. The prosecution must prove its case beyond a reasonable doubt at trial, and the accused has the right to challenge the evidence, the legal basis for the charge, and the state’s account of what happened.
Why the Listed Punishment Range Can Change
The range attached to a felony classification is sometimes only the base range. An enhancement permits a higher range based on qualifying prior convictions or particular alleged conduct.
Under Texas Penal Code Section 12.42, one qualifying prior felony conviction can raise punishment for a third-degree offense from two to 10 years to two to 20 years. For an offense with a base range of two to 20 years, it can increase the range to five to 99 years or life. If the charged offense is already in the first-degree range, one qualifying prior felony raises the minimum prison term from five years to 15 years.
A state jail offense can be punished in the third-degree range when the state alleges that a deadly weapon was used or exhibited or when specified prior-conviction rules apply. Whether an enhancement applies depends on the governing statute, alleged facts, and criminal history. It should be reviewed rather than assumed.
Questions to Ask Early
Ask what felony degree the state alleges, whether it’s seeking an enhancement, which prior conviction it relies on, and what evidence supports each allegation. The answers reveal the actual exposure more clearly than the charge label alone.
What Happens After a Felony Charge in Bexar County
Many felony cases from San Antonio proceed in the Bexar County district courts downtown. At an initial setting, the court commonly confirms identity, addresses whether the person has counsel, and sets future dates. Discovery review, negotiations, motions, and trial scheduling often come later.
Discovery includes evidence exchanged or made available during the case, such as police reports, recordings, and laboratory materials. Reviewing it takes time. Court dates can address case readiness, motions, and plea or trial scheduling.
We represent people in felony proceedings in Bexar County and across Atascosa, Guadalupe, Medina, Kendall, and Wilson counties. We review police reports and other evidence, conduct an independent investigation on every file, and work with investigators, forensic professionals, or technical witnesses when the issues call for them.
Don’t treat an early court date as the point when every decision must be made. Bring charging and prior-case papers, bond conditions, and communications or other records that may clarify the allegations. Continue following all bond conditions while the case is pending.
Why Early Review Matters in a Felony Case
A felony conviction can affect several areas of a person’s life, including:
- Employment and professional licensing
- Housing and education
- Immigration status
- Firearm rights
- Child custody arrangements
The specific consequences depend on the offense, disposition, prior history, and individual circumstances.
Firearm restrictions show why those details matter. Texas law generally bars a person convicted of a felony from possessing a firearm before the fifth anniversary of release from confinement or supervision. After that period, state law limits possession to the person’s own premises. Federal restrictions may also apply.
Early review gives counsel time to examine how evidence was obtained, compare reports with recordings or physical evidence, identify witnesses, and assess the allegations before major decisions. Before any plea decision, we explain the evidence, the risks of trial, and the terms of the offer so the client can make an informed choice.
Start by confirming the alleged degree, base punishment range, and any claimed enhancement. For a free initial consultation about a felony charge in San Antonio or a nearby South Texas county, call Hernández Dauphin Legal, P.C. at (210) 970-7019.