Basic Levels of Punishment in Texas
| Maximum Fine | Incarceration | |||
| Class C Misdemeanor | $500.00 | N/A | ||
| Class B Misdemeanor | $2,000.00 | up to 180 days | ||
| Class A Misdemeanor | $4,000.00 | up to 1 year | ||
| State Jail Felony | $10,000.00 | 180 days | – | 2 years |
| 3rd Degree Felony | $10,000.00 | 2 years | – | 10 years |
| 2nd Degree Felony | $10,000.00 | 2 years | – | 20 years |
| 1st Degree Felony | $10,000.00 | 5 years | – | 99 years |
| Capital Felony | N/A | Life | Death | |
§ 12.23 of Texas Penal Code – Class C Misdemeanor
An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.
§ 12.22 of Texas Penal Code – Class B Misdemeanor
An individual adjudged guilty of a Class B misdemeanor shall be punished by:
- a fine not to exceed $2,000;
- confinement in jail for a term not to exceed 180 days; or
- both such fine and confinement.
§ 12.21 of Texas Penal Code – Class A Misdemeanor
An individual adjudged guilty of a Class A misdemeanor shall be punished by:
- a fine not to exceed $4,000;
- confinement in jail for a term not to exceed one year; or
- both such fine and confinement.
§ 12.35 of Texas Penal Code – State Jail Felony Punishment
- Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.
- In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.
- An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that the individual has previously been finally convicted of a felony specified in the Code of Criminal Procedure.
§ 12.34 of Texas Penal Code – Third Degree Felony Punishment
- An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years.
- In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.
§ 12.33 of Texas Penal Code – Second Degree Felony Punishment
- An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years.
- In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.
§ 12.32 of Texas Penal Code – First Degree Felony Punishment
- An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years.
- In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.
§ 12.31 of Texas Penal Code – Capital Felony
- An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the institutional division for life or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the institutional division for life.
- In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment or death is mandatory on conviction of a capital felony. In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that a sentence of life imprisonment is mandatory on conviction of the capital felony.
Criminal Defense Attorney at Benavides & Serrano
Eric Benavides is a Houston Criminal Defense Attorny and immigration lawyer.He is one of the co-founders of Benavides and Serrano.He is a member of the Harris County Criminal Defense Lawyers Association, Texas Criminal Defense Lawyers Association, Houston Young Lawyers Association, and is licensed to practice law in the state by the Supreme Court of Texas and federally by the Southern District of Texas.
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