What are the penalties for a felony in Texas?

Felony penalties in Texas range from 0–2 years for the lowest class to life imprisonment for the most serious [§ 12.04 et seq.]. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

Can I get my criminal record expunged in Texas?

Expungement options are limited. Pardons may be available through the executive branch.

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year) [§ 12.04 et seq.]. Misdemeanors carry county jail time (up to 1 year) [§ 12.21–12.23]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Texas Criminal Defense Guide — Charges & Process

Q: Does Texas have a speedy trial requirement?

Texas does not have a fixed-day speedy trial clock [§ Tex. Const. Art. I, § 10]. Texas has no specific statutory speedy trial time limit. Courts apply the federal Barker v. Wingo balancing test: length of delay, reason for delay, defendant's assertion of the right, and prejudice to the defendant. Remedy is dismissal with prejudice.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Texas.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Texas Criminal Process — Step by Step Your Rights in an Texas Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Texas classifies criminal offenses §12.04 et seq.

Texas divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class Capital felony: varies to life - Class First degree felony: 5 years to life, up to $10,000 fine - Class Second degree felony: 2–20 years, up to $10,000 fine - Class Third degree felony: 2–10 years, up to $10,000 fine - Class State jail felony: 0–2 years, up to $10,000 fine

Misdemeanor classifications §12.21–12.23

Class A misdemeanor: up to 12 months, $4,000 fine - Class B misdemeanor: up to 6 months, $2,000 fine - Class C misdemeanor: up to 0 months, $500 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §12.21 et seq., Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §12.21–12.23	State prison (1 year or more) §12.04 et seq.
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible	Fewer offenses eligible

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §Tex. Code Crim. Proc. Art. 14.01. Peace officers may arrest without warrant for felonies or offenses against the public peace committed in their presence. Tex. Code Crim. Proc. Art. 14.01–14.06 govern warrantless arrest authority. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Right to bail guaranteed by Texas Constitution Art. I, § 11 for all offenses except capital cases where proof is evident. Magistrates set bail considering the nature of the offense, ability to pay, safety of the community, and the defendant's criminal history. Texas enacted bail reform (SB 6, 2021) strengthening pretrial detention standards for violent offenses. §Tex. Code Crim. Proc. Art. 17.01 et seq.

Arraignment

The court formally presents charges, and the defendant enters a plea. Nolo contendere (no contest) pleas are permitted.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §Tex. Code Crim. Proc. Art. 42A.001 et seq., fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Texas has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §Tex. Code Crim. Proc. Art. 1.051. Texas Indigent Defense Commission (TIDC) oversees county-based indigent defense systems. Counties provide counsel through public defender offices, managed assigned counsel programs, or individual court appointments.
Right to a speedy trial — Texas does not set a fixed number of days for speedy trial §Tex. Const. Art. I, § 10. Texas has no specific statutory speedy trial time limit. Courts apply the federal Barker v. Wingo balancing test: length of delay, reason for delay, defendant's assertion of the right, and prejudice to the defendant. Remedy is dismissal with prejudice.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Texas: Misdemeanor: up to 2 years; Felony: 2–10 years (community supervision). Deferred adjudication (Art. 42A.101) available for eligible offenses. §Tex. Code Crim. Proc. Art. 42A.001 et seq..

⚠Texas has a habitual offender law §12.42. Enhancement for repeat and habitual felony offenders: second-degree felony enhanced to first-degree range; third felony conviction (if sequential) can be enhanced to 25–99 years or life. State jail felony with prior felony conviction enhanced to third-degree range.

Clearing your record

Texas has limited or no general Expungement statute. Pardons may be available through the executive branch.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §Tex. Health & Safety Code § 481.115–481.121. Marijuana possession: Class B misdemeanor (2 oz or less); Class A misdemeanor (2–4 oz); State jail felony (4 oz – 5 lbs, §481.121).

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §22.01 et seq.. Domestic violence offenses carry additional consequences including protective orders.

Theft and property crimes

Classification depends on the value of property taken §31.03 et seq.. Felony threshold: $2,500 (state jail felony for $2,500–$29,999, §31.03(e)).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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