Odessa Felony Defense Lawyers

Common Felonies in Texas

Many crimes can be charged at the felony level, including but not limited to the following:

• Murder: The unlawful killing of another person with intent or extreme recklessness.
• Manslaughter: Causing the death of another person through a reckless act or omission.
• Aggravated assault: Causing serious bodily injury to another person or using a deadly weapon during an assault.
• Robbery: Taking property from another person by force or the threat of force.
• Burglary: Unlawfully entering a building with intent to commit theft, assault, or another felony.
• Sexual assault: Engaging in non-consensual sexual intercourse or contact with another person.
• Drug trafficking: Manufacturing, distributing, or possessing with the intent to distribute a significant quantity of controlled substances.
• Arson: Deliberately setting fire to property.
• Kidnapping: Unlawfully seizing and carrying away a person by force or fraud.
• Fraud: Deceptively obtaining money or property, including identity theft, credit card fraud, and wire fraud.
• Embezzlement: Fraudulently appropriating funds or property entrusted to one's care.
• Money laundering: Concealing the origins of illegally obtained money, typically through a complex sequence of banking transfers or commercial activities.
• Human trafficking: Recruiting, transporting, transferring, harboring, or receiving individuals through the use of force, coercion, or deception for exploitation.
• Aggravated DWI: Operating a vehicle while intoxicated with aggravating circumstances, such as causing serious injury or having an extremely high alcohol content.

Penalties for Felonies in Texas

The penalties for felonies vary widely based on the classification and specifics of the alleged crime.

State jail felonies carry 180 days to two years in a state jail and a fine of up to $10,000. Examples of this include theft of property valued between $2,500 and $30,000 and certain forms of drug possession, such as possession of less than one gram of a controlled substance like cocaine or methamphetamine.

Third-degree felonies are punishable by two to 10 years in prison and fines of up to $10,000. Examples include intoxication assault, where an individual causes serious bodily injury to another while driving under the influence of alcohol and/or drugs and possession of four to 200 grams of a controlled substance (excluding marijuana). 

Second-degree felonies carry two to 20 years in prison and a fine of up to $10,000. Examples include aggravated assault causing serious bodily injury or involving a deadly weapon and sexual assault, including non-consensual sexual conduct that does not result in severe injury.

First-degree felonies carry five to 99 years (or life) in prison and a fine of up to $10,000. Examples include murder and aggravated robbery (robbery while using a deadly weapon.

Capital felonies are the gravest Texas criminal offense and can result in the death penalty or life imprisonment without the possibility of parole. Crimes like murder with certain aggravating factors, such as killing a police officer or multiple individuals, can be classified as capital felonies.

How Misdemeanors Can Become Felonies in Texas

Certain factors can “aggravate” a crime and elevate it from a misdemeanor to a felony. These aggravating factors often involve the crime's circumstances, the victim's characteristics, or the defendant's prior criminal history.

These factors can include the use of a deadly weapon; causing serious bodily injury to an alleged victim; and committing crimes against children, elderly individuals, the disabled, or public servants, such as police officers, firefighters, and others while performing their duties. 

Gang-related activities, hate crimes, and repeat offenses can also raise a misdemeanor to a felony or elevate a felony charge to a higher category.