Dallas Felony Lawyer | Best Criminal Defense

What is a felony in Texas?

In Texas, there are two classifications of crimes: Felonies and misdemeanors. Felonies are the most serious criminal charges in Texas and could include punishments of up to life in prison, $10,000 fines, and even the death penalty in the most egregious cases. Generally, anything that exposes you to more than 1 year in jail is going to be considered a felony.

Not only does a felony conviction often come with prison and a hefty fine, but the collateral consequences could also alter your life forever.

Choosing the right Dallas felony defense lawyer is going to be one of the most important decisions of your life, no matter the charge. If you’re being investigated or accused of a felony, your freedom is on the line, and your future is in the balance.

The Varghese Summersett Dallas defense team is prepared to fight for your rights and defend your freedom. The sooner you have legal representation, the better. An experienced Dallas felony lawyer will challenge the state’s evidence and develop a solid defense strategy to obtain the best possible outcome.

What are the different types of felonies in Texas?

Texas has five types of felony charges. Each type varies in penalties. In order of least to most serious:

State jail felony
3rd-degree felony
2nd-degree felony
1st-degree felony
Capital felony

What are the punishments for felony offenses in Dallas?

The Texas Penal Code sections 12.31 through 12.35 explain the range of punishments for the five different levels of felony offenses.

State jail felony: Punishable by 180 days to two years in state jail and a fine of up to $10,000. Examples of state jail felonies include possession of a controlled substance less than a gram, check forgery, animal cruelty, burglary, and theft of property less than $20,000.

Third-degree felony: Punishable by two to 10 years in prison and a fine of up to $10,000. Third-degree felonies include stalking, intoxication assault, violating a protective order, third DWI, and jumping bail for a felony arrest.

Second-degree felony: Punishable by two to 20 years in prison and a maximum $10,000 fine. Second-degree felonies include arson, robbery, bribery, sexual assault, human trafficking, online solicitation of a minor under 14, aggravated assault, and possession of more than two pounds of marijuana.

First-degree felony: Punishable by five to 99 years in prison and a fine of up to $10,000. Examples of first-degree felonies include child trafficking, aggravated robbery, aggravated sexual assault, sexual assault of a child, and arson of a habitation.

Capital felony: Punishable by life in prison without parole or death if the state seeks the death penalty. Capital murder is the only capital felony in Texas.

What are the most common state jail felony offenses in Dallas?

Some of the most common state jail felony offenses include:

Possession of a controlled substance in penalty Group 1, including cocaine, methamphetamine, heroin, oxycodone, or hydrocodone, of less than one gram
Possession of a controlled substance in penalty Group 2, including marijuana oil, PCP, or ecstasy, of less than one gram
Possession of marijuana of more than four ounces but less than five pounds
Theft of property with a minimum value of $2,500 but less than $30,000
Burglary in a building other than a habitation
Criminally negligent homicide
Unauthorized use of a motor vehicle
Credit or debit card abuse
Money laundering if the value of the funds is $2,500 or more but less than $30,000
Insurance and Medicaid Fraud if the value of the claim is $2,500 or more but less than $30,000

What are the most common third-degree felony offenses in Dallas?

Some of the most common third-degree felony offenses include:

Possession of a controlled substance in penalty Group 1, including cocaine, methamphetamine, heroin, oxycodone, or hydrocodone, of one gram or more but less than four grams
Possession of a controlled substance in penalty Group 2, including marijuana oil, PCP, ecstasy, of one gram or more but less than four grams
Possession of a controlled substance in penalty Group 3, including Xanax and Valium, of 28 grams or more but less than 200 grams
Possession of marijuana of more than five pounds but less than 50 pounds
Theft of property with the value being a minimum of $30,000 but less than $150,000
Kidnapping
Stalking
DWI third or more
Impersonating a public servant
Indecency with a child with the intent to arouse or sexually gratify a person
Assault family violence with the intent to impede breath or circulation
Credit or debit card abuse, if committed against an elderly individual
Money laundering if the value of the funds is $30,000 or more but less than $150,000
Insurance and Medicaid fraud if the value of the claim is $30,000 or more but less than $150,000

What are the most common second-degree felony offenses in Dallas?

Some of the most common second-degree felony offenses include:

Possession of a controlled substance in penalty Group 1, including cocaine, methamphetamine, heroin, oxycodone, and hydrocodone, of four grams or more but less than 200 grams
Possession of a controlled substance in penalty Group 2, including marijuana oil, PCP, and ecstasy, of four grams or more but less than 400 grams
Possession of a controlled substance in penalty Group 3, including Xanax and Valium, of 200 grams or more but less than 400 grams
Possession of marijuana of more than 50 pounds but less than 2,000 pounds
Burglary of a habitation
Robbery
Manslaughter
Indecency with a Child with sexual contact
Sexual Assault
Aggravated Assault
Arson
Theft of property with a value of $150,000 or more but less than $300,000
Online solicitation of a minor younger than 14
Money laundering if the value is $150,000 or more but less than $300,000
Insurance and Medicaid fraud if the value of the claim is $150,000 or more but less than $300,000

What are the most common first-degree felony offenses in Dallas?

Some of the most common first-degree felony offenses include:

Possession of a controlled substance in penalty Group 1, including cocaine, methamphetamine, heroin, oxycodone, and hydrocodone, of 200 grams or more but less than 400 grams
Possession of a controlled substance in penalty Group 2, including marijuana oil, PCP, and ecstasy, of 400 grams or more
Possession of a controlled substance in penalty Group 3, including Xanax and Valium, of 400 grams or more
Possession of marijuana of more than 2,000 pounds
Theft of property of $300,000 or more
Murder
Burglary of a habitation with the intent to commit a felony other than a felony theft
Continuous sexual abuse of a young child includes sex offender registry, and the punishment begins with a minimum of 25 years in prison
Arson resulting in bodily injury or death or if the property damaged or destroyed was a habitation, a place of assembly or worship
Money laundering if the value of the funds is $300,000 or more
Insurance and Medicaid fraud if the value of the claim is $300,000 or more

Dallas habitual and repeat felony offenders and enhanced penalties

Repeat and habitual felony offenders could face additional penalties and consequences, according to Texas Penal Code § 12.42. Anyone previously convicted of at least one felony offense is considered a repeat or habitual felony offender and could be subjected to increased penalties.

The penalties for a second or more felony offense can be enhanced to the next higher felony class. A charge for a first-degree felony with a prior felony conviction (other than a state jail felony) is punishable by no less than 15 years and a maximum of 99 years or life in prison. Certain felonies can be increased to life imprisonment if the alleged offender has previous felony convictions. The following examples illustrate how prior felony convictions can enhance new offenses:

A person charged with a state jail felony who has previously been convicted of two state jail felonies will instead be convicted of a third-degree felony
A person charged with a third-degree felony with prior felony convictions will instead be convicted of a second-degree felony
A person charged with a second-degree felony with prior felony convictions will instead be convicted of a first-degree felony
A person charged with a first-degree felony with prior felony convictions can face a sentence ranging from 15 to 99 years or life imprisonment and up to a $10,000 fine

What are the collateral consequences of a felony conviction in Dallas?

If charged with a felony, the state’s punishment isn’t your only concern. A felony conviction brings many collateral consequences that could wreck your daily life and freedoms. These consequences could continue to disrupt your life long after serving a sentence or paying the fine. The consequences include:

Losing the right to vote
Prohibited from the right to carry a firearm or own weapons
Being prohibited from certain professions
Getting denied access to or stripped of professional certifications
Government benefits
Scholarship and educational funding
Serving on a jury
Holding public office
Denial of a housing application

Can a felony charge be reduced to a misdemeanor or dropped?

Yes, a felony charge can be reduced to a lesser charge or even dropped. A lawyer can defend against the charges by identifying mistakes in the investigation, including police procedures and whether the evidence was legally collected. If not, the evidence could be challenged and ruled inadmissible in court.

A good lawyer will work to find holes in the state’s case that could lead to reduced charges or a case being dismissed. Typically, misdemeanor charges are lesser included offenses of a felony. If, for example, the type of charge includes an “attempt” or “attempted,” the charge could be reduced down one level.

A state jail felony charge of attempted criminal possession of a controlled substance could be reduced to a Class A misdemeanor. This reduction is vital because it prevents the offender from being a convicted felon and the collateral consequences that come with that on your record, including the risk of felony prison time.

What are lesser included offenses in Texas?

Texas Code of Criminal Procedure Art. 37.09 defines a lesser included offense with at least one of the following characteristics:

It is established by proof of the same or less than all the facts required to establish the commission of the offense charged;
It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest suffices to establish its commission;
It differs from the offense charged only in the respect that a less culpable mental state suffices to establish its commission, or
It consists of an attempt to commit the offense charged or an otherwise included offense.

This is often used as an effective defense strategy in a serious criminal case. If the judge approves, he can instruct a jury to consider a lesser included offense during deliberation.

Generally, the defendant has a right to a jury instruction on lesser included offenses if the evidence allows the jury to reasonably find them guilty of the lesser offense BUT not guilty of the greater offense. To make this defense strategy work, however, you need an experienced Dallas felony lawyer.

What are the statutes of limitations on felony indictments in Texas?

The most serious felony offenses in Texas have no statute of limitations. Most felony offenses have a three-year limit from the date of the commission of the alleged crime. Others have cut-offs of five, seven, and 10 years, with a few exceptions for the victim’s age. Here’s a look at limitations and some of the corresponding crimes in Texas.

No time limit: murder and manslaughter; sexual assault under Penal Code Sec. 22.011(a)(2), or aggravated sexual assault under Penal Code Sec. 22.021(a)(1)(B), and sexual assault, if during the investigation, biological matter is collected and the matter has not yet been subjected to forensic DNA testing; or has been subjected to forensic DNA testing, and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained; or probable cause exists to believe that the defendant has committed the same or a similar sex offense against five or more victims.

Other offenses with no statute of limitations include the continuous sexual abuse of a young child or disabled person, indecency with a child, an offense involving leaving the scene of a fatal accident, human trafficking, continuous human trafficking, and compelling prostitution.

20 years: If the victim is younger than 17 at the time of the offense, the time limit is 20 years from the 18th birthday of the victim if the offense is the sexual performance by a child under Penal Code Sec. 43.25; or aggravated kidnapping under Penal Code Sec. 20.04(a)(4), if the defendant committed the offense with the intent to violate or abuse the victim sexually; or burglary under Penal Code Sec. 30.02, if the offense is punishable under Subsection (d) of that section and the defendant committed the offense with the intent to commit an offense described by Subdivision (1)(B) or (D) of this article or Paragraph (B) of this subdivision.

10 years: From the 18th birthday of the victim of the offense if it’s trafficking of persons under Penal Code Sec. 20A.02(a)(5) or (6); injury to a child under Penal Code Sec. 22.04; or bigamy under Penal Code Sec. 25.01, if the investigation shows that the person, other than the legal spouse of the defendant whom the defendant marries or purports to marry or with whom the defendant lives under the appearance of being married is younger than 18 years of age at the time the offense.

10 years: Theft of any estate, real, personal, or mixed, by an executor, administrator, guardian, or trustee; theft by a public servant of government property; forgery; injury to an elderly or disabled person punishable as a felony of the first degree under Penal Code Sec. 22.04; sexual assault except as provided by Subdivision (1) or (7); arson; and human trafficking.

7 years: Misapplication of fiduciary property or property of a financial institution; money laundering; credit or debit card abuse; exploitation of a child, elderly, or disabled person; health care fraud under Penal Code 35A.02, and bigamy under Penal Code Sec. 25.01.

5 years: Theft or robbery; kidnapping or burglary except as provided by Subdivision (5); Injury to an elderly or disabled person that is not punishable as a felony of the first degree under Penal Code Sec. 22.04; abandoning or endangering a child; and insurance fraud.

3 years: All other felonies.

2 years: From the date the offense was discovered for sexual assault, punishable as a state jail felony under Penal Code Sec. 22.011(f)(2).

Speak to a Dallas felony lawyer today.

Are you facing a felony charge in Dallas? This is a critical moment in your life. You need an experienced Dallas felony lawyer equipped to handle the most serious cases. The Varghese Summersett Dallas defense team will work diligently to fight for you and to win the most favorable outcome. Call us at 214-903-4000.