First-degree felony in Texas

What is the punishment range?

5 to 99 years or life in prison and a fine up to $10,000 (Penal Code 12.32).

What are common examples?

• Aggravated assault with a deadly weapon causing serious bodily injury to a family member, household member or dating partner (22.02(b)(1))
• Possession of 200 to less than 400 grams of a Penalty Group 1 substance (Health and Safety Code 481.115)
• Manufacture or delivery of 4 to less than 200 grams of a Penalty Group 1 substance (481.112)
• Intoxication assault against a peace officer or judge on duty (49.09(b-1))

Is probation available?

Judge-ordered community supervision is limited for first-degree felonies, especially offenses listed in Code of Criminal Procedure 42A.054. A jury may recommend it in some cases when the sentence assessed is 10 years or less. These cases require early, careful defense work.

Where is the case heard in Dallas County?

After a grand jury indictment, in a Criminal District Court at the Frank Crowley Courts Building, 133 N. Riverfront Blvd. Arrests are usually booked at the Lew Sterrett Justice Center.

Can the charge be reduced to a lower degree?

Sometimes. A plea agreement can reduce the charge to a lower degree or a misdemeanor when the evidence supports it. At trial, the jury may also be asked to consider a lesser included offense, such as assault instead of aggravated assault, when the evidence would allow a finding of only the lesser offense (Code of Criminal Procedure 37.09). The weight of drugs, the value of property and the presence of a weapon or serious injury are common points of dispute that decide the degree.

What are more examples, with the statutes?

• Murder (Penal Code 19.02). If the defendant proves at punishment that they acted under the immediate influence of sudden passion from adequate cause, the offense is punished as a second-degree felony.
• Aggravated robbery (Penal Code 29.03)
• Aggravated sexual assault (Penal Code 22.021)
• Possession of 200 to less than 400 grams of a Penalty Group 1 substance (Health and Safety Code 481.115)
• Burglary of a habitation with intent to commit a felony other than felony theft (Penal Code 30.02(d))

How can prior convictions raise the range?

If the State proves one prior felony conviction, the minimum for a first-degree felony rises from 5 to 15 years, with a maximum of 99 years or life (Penal Code 12.42(c)(1)). With two prior felony convictions in the right sequence, the range is 25 to 99 years or life (12.42(d)).

Who decides on probation?

A judge can place a person on community supervision in a felony case when the sentence assessed is 10 years or less, for a supervision period of up to 10 years, or up to 5 years for certain third-degree felonies (Code of Criminal Procedure 42A.053), except for the offenses listed in 42A.054 and cases with a deadly weapon finding. A jury can recommend community supervision if the sentence it assesses is 10 years or less and the defendant has not been previously convicted of a felony, with some exceptions (42A.056). Deferred adjudication is decided only by the judge.

How does parole eligibility work?

For most offenses, a person becomes eligible for parole when actual time served plus good conduct time equals one-fourth of the sentence or 15 years, whichever is less (Government Code 508.145(f)). For offenses listed in Code of Criminal Procedure 42A.054 and offenses with a deadly weapon finding, eligibility requires actual time of one-half of the sentence or 30 years, whichever is less, with a two-year minimum (508.145(d)). The parole board decides whether to release a person who is eligible.

How long does the State have to file charges?

The statute of limitations depends on the offense. Most felonies have a three-year limit, some have longer periods, and some, such as murder and manslaughter, have none (Code of Criminal Procedure article 12.01).

What does the Dallas County process look like?

1. Arrest, booking at the Lew Sterrett Justice Center and magistration within 48 hours.
2. Bail and conditions under Code of Criminal Procedure 17.15. See bail changes in 2025.
3. Grand jury presentation and indictment or no-bill. See how long the State has to indict.
4. Settings in a Criminal District Court at the Frank Crowley Courts Building.
5. Plea, dismissal or jury trial with 12 jurors, and a separate punishment phase.

Where are these cases heard outside Dallas?

Felony cases are heard in the district courts of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

Does Proposition 3 affect bail at this level?

For some charges. Since November 19, 2025, the Texas Constitution requires the denial of bail, after a hearing at which the State meets the required burden, for murder, capital murder, aggravated assault with serious bodily injury or with a firearm, club, knife or explosive weapon, aggravated kidnapping, aggravated robbery, aggravated sexual assault, indecency with a child, trafficking of persons and continuous trafficking of persons (Texas Secretary of State, 2025 explanatory statements). The person is entitled to a lawyer at that hearing, and a judge who grants bail on a listed offense must issue a written order with findings.

Can a first-degree felony get deferred adjudication?

Sometimes. Code of Criminal Procedure 42A.102 bars deferred adjudication for certain offenses, including intoxication assault and intoxication manslaughter, trafficking of persons and repeat drug-free-zone cases, and limits it for murder and certain sexual offenses, but it is not barred for every first-degree felony. Whether it is a realistic option depends on the charge, the evidence and your history.

How do I get started?

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.

Last updated October 2026