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.
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