Being charged with a felony is a serious matter with potentially life-altering consequences. A conviction can lead to significant jail time, hefty fines, and a permanent criminal record that can affect all aspects of your life for years to come. In this blog post, we explore the felony classifications in Texas, the potential sentences you might face, and whether jail time is mandatory for a felony conviction in San Antonio, Texas. If you are dealing with a felony charge in San Antonio, having a skilled San Antonio criminal defense attorney by your side could be the difference between freedom and incarceration.

What Are the Felony Classifications in Texas?

In Texas, felony charges are categorized into five distinct classes, each with its own minimum and maximum penalties. 

• State Jail Felonies: The least severe type of felony in Texas. Crimes in this category include certain types of theft and drug possession. If convicted, you could face between 180 days and two years in a state jail facility and fines of up to $10,000.
• Third-Degree Felonies: Crimes in this category include certain drug offenses, assaults, and certain types of fraud, which carry penalties of 2 to 10 years in prison and fines up to $10,000.
• Second-Degree Felonies: This includes offenses such as aggravated assault, aggravated robbery, manslaughter, and serious fraud cases. A conviction for a second-degree felony could result in a prison sentence ranging from 2 to 20 years, along with substantial fines.
• First-Degree Felonies: Among the most severe criminal offenses in Texas. Serious crimes, like aggravated sexual assault, aggravated robbery, and murder, fall into this category, with potential sentences ranging from 5 to 99 years or life in prison.
• Capital Felonies This category is reserved for capital murder only, the most serious criminal offense in Texas. The punishment for this crime can include life imprisonment without parole or the death penalty.

How a felony is classified will determine the range of potential penalties you will face if convicted. In addition, the penalties may be enhanced under certain aggravating circumstances. For instance, if you have prior felony convictions or used a deadly weapon during the commission of the crime, the court might impose a harsher sentence. 

Is Jail Time Mandatory for a Felony in San Antonio?

Whether jail time is mandatory for a felony conviction in San Antonio depends largely on the type of felony and the specifics of the case. For Third-Degree, Second-Degree, and First-Degree Felonies, jail time is generally unavoidable. This is especially true for violent crimes or cases involving repeat offenders, where the courts are less likely to offer leniency.

For State Jail Felonies, probation may be an option depending on your criminal history, the nature of the offense, and other mitigating factors that may convince the court to avoid a jail sentence. This is particularly relevant in cases involving non-violent crimes or first-time offenders.

Does Texas have sentencing guidelines?

Chapter 12 of the Texas Penal Code, specifically sections 12.04 through 12.31, outlines a range of possible sentences for each felony classification. For instance, a Third-Degree Felony could result in anywhere from 2 to 10 years in prison, while a First-Degree Felony could lead to a sentence of 5 to 99 years or life. 

The discretion given to judges means that several factors can influence the final sentence. These factors might include: 

• The severity of the crime 
• The presence of any aggravating circumstances (like the use of a deadly weapon) 
• Your criminal history 
• Mitigating factors (such as your background or the circumstances involved in the crime). 

While this flexibility allows judges to impose sentences that they believe fit the crime and circumstances, it also means that outcomes can vary significantly from one case to another. This is why having an experienced criminal defense attorney in San Antonio who can argue on your behalf for a lesser sentence within the statutory range is essential.

The Three-Felony Rule in Texas

Texas has a version of the “three-strikes” law that can drastically increase the penalties for repeat felony offenders. Under this rule, commonly referred to as the “Three-Felony Rule,” if a person has been convicted of two prior felonies, the third conviction could result in a life sentence, regardless of the severity of the third offense. This highlights the importance of having strong legal representation. A good San Antonio criminal defense attorney can work to challenge prior convictions or argue for lesser penalties to avoid the life-altering consequences of this rule.

When is Probation Possible for a Felony in Texas?

In Texas, probation is an alternative to incarceration for some felony convictions. Eligibility depends on the nature of the crime and the defendant’s criminal history. If you are granted probation, you must adhere to specific court-set conditions, such as check-ins with a probation officer, community service, fines, and court-ordered programs. Non-compliance can lead to revocation of probation and jail time.

What Felonies Are Eligible for Probation?

Certain non-violent state jail felonies and third-degree felonies may be eligible for probation, particularly for first-time offenders with little or no prior criminal history. However, crimes involving violence, deadly weapons, or serious harm typically result in mandatory jail time without probation. Repeat offenders are also less likely to receive probation.

How Long Does a Felony Conviction Stay on Your Record?

A felony conviction in San Antonio, Texas can have long-lasting consequences, including a permanent mark on your criminal record. This record can affect many aspects of your life, from employment opportunities to housing and beyond. Once you are convicted of a felony in Texas, it generally stays on your record permanently. This means that unless you take specific legal actions, such as seeking a pardon or expungement, the conviction will follow you for the rest of your life. 

Facing a felony charge in San Antonio is a serious matter. Probation may be available for some felony convictions, but jail time is often mandatory, especially for serious crimes. In addition, a felony conviction will stay on your record permanently, affecting your employment and housing. This underscores the importance of seeking the assistance of a reputable criminal defense attorney in San Antonio to explore your legal options and provide support during this challenging time. Our Team can help, schedule a free consultation today.