Criminal Punishment Ranges

January 20, 2023
By Justin Morgan
January 20, 2023

Title 3, Chapter 12, of the Texas Penal Code addresses punishment ranges for individuals found guilty of a crime. Section 12.01 states, “A person adjudged guilty of an offense under this code shall be punished in accordance with this chapter and the Code of Criminal Procedure.”

Criminal offenses are either designated as a misdemeanor or felony. Misdemeanor charges are less serious than felonies. Therefore the degree of punishment for misdemeanors is not as serious as those set forth for felony cases.

Misdemeanors are classified by classes. Misdemeanor classes range from Class A through Class C. Class A being the most serious of the misdemeanors.

Felonies are classified by degrees. The most serious is a capital felony and the least serious is a state jail felony. Felony ranges from greatest to least are as follows: 1) Capital; 2) First Degree; 3) Second Degree; 4) Third Degree; 5) State Jail.

Ordinary Misdemeanor Punishments

Class C misdemeanor punishment

  1. carry a fine not to exceed $500.00.

Class B misdemeanor punishment:

  1. A fine not to exceed $2,000.00;
  2. Confinement in jail, not to exceed 180 days; or
  3. Or both.

Class A misdemeanor punishment:

  1. A fine not to exceed $4,000;
  2. Confinement in jail for a term not to exceed one year; or
  3. Or both.

Ordinary Felony Punishments

Capital Felony Punishments:

  1. When the State seeks the death penalty: life without parole or death.
  2. When the State does not seek the death penalty: life is individual committed the offense when younger than 18 years of age or life without parole if crime was committed by someone 18 years of age or older.

First Degree Felony Punishment:

  1. 5 years to 99 years TDC;
  2. Fine not to exceed $10,000.00;
  3. Or both

Second Degree Felony Punishment:

  1. 2 years to 20 years TDC;
  2. Fine not to exceed $10,000.00;
  3. Or both

Third Degree Felony Punishment:

  1. 2 years to 10 years TDC;
  2. Fine not to exceed $10,000.00;
  3. Or both

State Jail Felony Punishment:

  1. 180 days to 2 years State Jail;
  2. Fine not to exceed $10,000.00;
  3. Or both

These are ordinary punishment ranges and are subject to change based on different factors. Punishment can be enhanced to a more serious level if an individual is a habitual offender or meets other qualifications under the law.

For a more detailed explanation, follow the link below.

https://statutes.capitol.texas.gov/docs/pe/htm/pe.12.htm

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