Felonies are considered the most serious types of crimes. In Texas they are punishable by time in State Jail or TDC (penitentiary). These cases are handled in District Court There are 4 classes of felonies:

Capital Felony

• Death or life imprisonment
• Not eligible for probation

First Degree

• Confinement for life or a term from 5 to 99 years in prison; and an optional fine not to exceed $10,000
• Up to 10 years of deferred adjudication probation From 5-10 years of straight probation
• Minimum 5 years probation for certain sex offenses

Second Degree

• Confinement for a term from 2 to 20 years in prison; and an optional fine not to exceed $10,000
• Up to 10 years of deferred adjudication probation, From 2-10 years of straight probation,
• Minimum 5 years probation for certain sex offenses

Third Degree

• Confinement for a term from 2 to 10 years in prison; and an optional fine not to exceed $10,000
• Up to 10 years of deferred adjudication probation, From 2-10 years of straight probation, Minimum 5 years probation for certain sex offenses

State Jail Felony

• Confinement for a term from 180 days to 2 years in a state jail; and an optional fine not to exceed $10,000, or
• Class A misdemeanor punishment under TEX. PEN. CODE �12.44(a) (felony conviction) or �12.44(b) (misdemeanor conviction), but only if prosecutor agrees

Mandatory probation if:

• Drug possession (not delivery); Note: Upon violation of deferred adjudication
• <5 abuse units if LSD; for offense committed after 8/31/07
• <1 Ib. if marijuana; longer must place defendant on probation
• No prior felony conviction, other than Judge may impose jail time sentence or probation-under �12.44(a) (for offense after 8/31/07)
• Up to 10 years of deferred adjudication probation, from 2-5 years of straight probation