Felonies are classified according to the relative seriousness of the offense into five categories:
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capital felonies;
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felonies of the first degree;
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felonies of the second degree;
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felonies of the third degree; and
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state jail felonies.
An offense designated a felony without specification as to category is a state jail felony.
Capital Felony: A person found guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death. A person found 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 Texas Department of Criminal Justice for:
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life, if the individual committed the offense when younger than 18 years of age; or
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life without parole, if the individual committed the offense when 18 years of age or older.
In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment without parole 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:
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a sentence of life imprisonment is mandatory on conviction of the capital felony, if the individual committed the offense when younger than 18 years of age; or
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a sentence of life imprisonment without parole is mandatory on conviction of the capital felony, if the individual committed the offense when 18 years of age or older.
First Degree Felony Punishment: A person found guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years. In addition to imprisonment, a person found guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.
Second Degree Felony Punishment: A person found guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. In addition to imprisonment, a person found guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.
Third Degree Felony Punishment: A person found guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. In addition to imprisonment, a person found guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.
State Jail Felony Punishment: A person found 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, a person found guilty of a state jail felony may be punished by a fine not to exceed $10,000. A person found 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:
a deadly weapon was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the person used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or
the person has previously been finally convicted of any felony:
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under Section 20A.03 or 21.02 or listed in Article 42A.054(a), Code of Criminal Procedure; or
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for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), Code of Criminal Procedure.
Penalties for Repeat and Habitual Felony Offenders on Trial for First, Second, or Third Degree Felony: if it is shown on the trial of a felony of the third degree that the defendant has previously been finally convicted of a felony other than a state jail felony punishable, on conviction the defendant shall be punished for a felony of the second degree.
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