In Texas, a felony is defined as any crime with a penalty range that exceeds one year imprisonment. There are five different types of felonies with which you can be charged.
Capital felonies are the most serious. If you’re convicted a of a capital felony, you will either be sentenced to life without the possibility of parole, or you will receive the death penalty. For example,
a murder committed during the course of a robbery is considered capital murder.
First degree felonies carry a punishment of 5 to 99 years, or life, in prison and a fine of up to $10,000. The crime of murder is an example of a first degree felony. Second degree felonies are punishable by 2 to 20 years in the state penitentiary, and a fine of up to $10,000. Burglary of a habitation is one such felony. The range of punishment for a third degree felony is 2 to 10 years in the Texas Department of Criminal Justice, and up to a $10,000 fine. Assault by strangulation against a family member is one such offense. Finally, the least serious type of felony is known as a state jail felony. Unlike other types of felonies, if you’re convicted of a state jail felony, and sentenced to a term of incarceration, you aren’t sent to state prison. Likewise, you don’t serve your time in the county jail, as you would if you were to serve time for a misdemeanor. Rather, you will be remanded to a state jail facility, which only houses inmates who have convicted of state jail felonies. If you’re sentenced on a state jail felony, you aren’t eligible to be paroled early, or to receive “good time credit” for good behavior. State jail felonies are punishable by 180 days to 2 years in the state jail, and a fine of up to $10,000. Thus, if you’re sentenced to 180 days in a state jail facility, you, in most cases, will serve each and every one of those days to which you’re sentenced.