Criminal Defense- Punisment by Offense Classicfication Texas Penalty Code

Capital Felony [Tex. Penal Code Ann. §12.31]
If the individual is found guilty and the state seeks the death penalty:

  • Imprisonment in the institutional division for life without the possibility of parole, or
  • Death If the individual is found guilty and the state does not seek the death penalty:
  • Imprisonment in the institutional division for life without the possibility of parole
  • However, an individual under the age of 18 at the time of the offense as well as a certified juvenile are no longer eligible for life without parole.

First Degree Felony [Tex. Penal Code §12.32]
• Imprisonment in the institutional division for life, or
• Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated
sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
• In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree Felony [Tex. Penal Code §12.33]
• Imprisonment in the institutional division for not more than 20 years or less than two years
• In addition to imprisonment, may receive a fine not to exceed $10,000

Third Degree Felony [Tex. Penal Code §12.34]
• Imprisonment in the institutional division for not more than 10 years or less than two years
• In addition to imprisonment, may receive a fine not to exceed $10,000

State Jail Felony [Tex. Penal Code §12.35 (a), (b)]
• Confinement in a state jail for not more than two years and not less than 180 days
• In addition to confinement, may receive a fine not to exceed $10,000

Class A Misdemeanor [Tex. Penal Code §12.21]
• Confinement in jail for a term not to exceed one year
• Fine not to exceed $4,000
• Both such fine and confinement

Class B Misdemeanor [Tex. Penal Code §12.22]
• Confinement in jail for a term not to exceed 180 days
• Fine not to exceed $2,000
• Both such fine and confinement

Class C Misdemeanor [Tex. Penal Code §12.23]
• Fine not to exceed $500
Penal Code Offenses by Punishment Range Office of the Attorney General

Offense Grade Enhancement
All Felonies [Tex. Penal Code §12.42(d)]
If a person is on trial for any felony (except a state jail felony) and it is shown at the trial that the person has been previously convicted of two
felonies, and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final, on conviction the defendant shall be punished by imprisonment in the institutional division for life, or for not more than 99 years or less than 25 years.

First Degree Felony [Tex. Penal Code §12.42(c)]
If a person is on trial for a first-degree felony and it is shown at the trial that the person has once before been convicted of a felony (but not a state jail felony), on conviction the person shall be punished by imprisonment in the institutional division for life, or not more than 99 years or less than 15 years. In addition to imprisonment, an individual may receive a fine not to exceed $10,000.

If a person is over the age of 18 and is on trial for a certain aggravated sexual assault offense and it is determined that the person has previously been convicted of certain listed violent sexual offenses, on conviction the person shall be punished by imprisonment in the institutional division for life without parole.

Second Degree Felony [Tex. Penal Code §12.42(b)]
If a person is on trial for a second-degree felony and it is shown at the
trial that the person has once been previously convicted of a felony
(but not a state jail felony), on conviction the person shall be punished
for a first-degree felony.

Third Degree Felony [Tex. Penal Code §12.42(a)(3)]
If a person is on trial for a third-degree felony and it is shown at the trial that the person has once been previously convicted of a felony (but not a state jail felony), on conviction the person shall be punished for a second-degree felony.

State Jail Felony [Tex. Penal Code §12.425(a)]
If a person is on trial for a state jail felony and it is shown at the trial that the person has previously been finally convicted of two state jail felonies, on conviction the person shall be punished for a third degree felony.

PENALTIES FOR REPEAT and HABITUAL OFFENDERS TEXAS PENAL CODE
Offense Grade Enhancement
State Jail Felony [Tex. Penal Code §12.425(b)] (cont.) If a person is on trial for a state jail felony and it is shown at the trial that the person has previously been finally convicted of two felonies, and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final, on conviction the defendant shall be punished for a second degree felony. [Tex. Penal Code §12.425(c)]

If a person is on trial for a state jail felony that is punishable under §12.35 (c) and it is shown at the trial that the person has been once previously finally convicted of a felony [but not a state jail felony under §12.35 (a)], on conviction the defendant shall be punished for a second degree felony.



[Tex. Penal Code §12.35(c)]
State Jail Felony Punishment enhanced to third degree felony if:

  • the person used or exhibited a deadly weapon* during the crime or while fleeing the crime, and the person who used or exhibited the
    deadly weapon or was a party to the offense knew that the deadly weapon would be used or shown; or
  • the person has previously been convicted of any felony under §20A.03 or §21.02, or listed in Article 42A.054, Code of Criminal Procedure** or for which the judgment contains an affirmative finding under Article 42A.054, Code of Criminal Procedure. ***

* Tex. Penal Code §1.07(a)(17): “Deadly weapon” is defined as:
(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or

(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

** Code of Criminal Procedure, Art. 42A.054

Tex. Penal Code §15.03, Criminal Solicitation, if punishable as a felony of the first degree
Tex. Penal Code §19.02, Murder
Tex. Penal Code §19.03, Capital Murder
Tex. Penal Code §20.04, Aggravated Kidnapping
Tex. Penal Code §20A.02, Trafficking of Persons
Tex. Penal Code §21.11(a)(1), Indecency with a Child
Tex. Penal Code §22.011, Sexual assault
Tex. Penal Code §22.021, Aggravated Sexual Assault
Tex. Penal Code §22.04, Injury to a Child, if punishable as a felony of the first degree
Tex. Penal Code §29.03, Aggravated Robbery
Tex. Penal Code §30.02, Burglary, if intent to commit listed sexual offense
Tex. Penal Code §43.05, Compelling prostitution

 Tex. Penal Code §43.25, Sexual performance by a child
Tex. Health & Safety Code §481.140 or 481.134 (c), (d), (e), (f), Drug-Free Zones
*** Code of Criminal Procedure, Art. 42A.054(c)

If it was shown at the trial that a deadly weapon was used or exhibited during the commission of a felony offense or while fleeing such a crime and the defendant used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited. If the court makes an affirmative finding, it must be entered into the judgment. If the court makes an affirmative finding under this subdivision that the
weapon was a firearm; the court shall also enter that finding into its judgment.

Class A Misdemeanor [Tex. Penal Code §12.43(a)]
If a person is on trial for a Class A offense and it is shown that the person has been previously convicted of any Class A misdemeanor or any degree of felony, on conviction the defendant shall be punished by:

  • Confinement in jail for not more than one year or less than 90 days
  • A fine not to exceed $4,000
  • Both such fine and confinement

Class B Misdemeanor [Tex. Penal Code §12.43(b)]
If a person is on trial for a Class B offense and it is shown that the person has been previously convicted of any Class A or a Class B misdemeanor or any degree of felony, on conviction the defendant shall be punished by:

  • Confinement in jail for not more than 180 days or less than 30 days
  • A fine not to exceed $2,000
  • Both such fine and confinement

Class C Misdemeanor [Tex. Penal Code §12.43(c)]
If a person is on trial for a Class C offense under Section 42.01 (Disorderly Conduct) or 49.02 (Public Intoxication) and it is shown that
the person has been convicted under either of those sections three times or three times for any combination of those offenses and each prior offense was committed in the 24 months preceding the date of commission of the instant offense, on conviction the defendant shall be punished by:

  • Confinement in jail for not more than 180 days
  • A fine not to exceed $2,000
  • Both such fine and confinement

EXCEPTIONAL SENTENCES
TEXAS PENAL CODE
Offense Grade Enhancement
Other than a First [Tex. Penal Code §12.47(a)]Degree Felony If an affirmative finding is made that the offense wasor a Class A committed because of bias or prejudice, the punishment isMisdemeanor increased to the punishment prescribed for the next highestcategory of offense.

[Tex. Penal Code §12.49]
If an affirmative finding is made that a controlled substance wasadministered or provided to the victim of any type of robbery, theft oroffense against the person, the punishment is increased to the punishment prescribed for the next highest category of offense.

[Tex. Penal Code §12.50]
If an offense of assault, robbery, burglary or theft is committed withinan area subject to a declaration of disaster or an emergency evacuation order, the punishment is increased to the punishment prescribed for the next highest category of offense.

Class A Misdemeanor [Tex. Penal Code §12.50]
If an offense of assault, burglary or theft is committed within an area subject to a declaration of disaster or an emergency evacuation order, the minimum punishment is increased to 180 days.

 

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