Second-degree felony in Texas

What is the punishment range?

2 to 20 years in prison and a fine up to $10,000 (Penal Code 12.33).

What are common examples?

• Aggravated assault (Penal Code 22.02)
• Intoxication manslaughter (49.08)
• Possession of 4 to less than 200 grams of a Penalty Group 1 substance (Health and Safety Code 481.115)
• Assault by impeding breath with a prior family violence conviction (22.01(b-3))

Is probation available?

Judge-ordered community supervision is not available for offenses listed in Code of Criminal Procedure 42A.054, which include many violent second-degree offenses and cases with a deadly weapon finding. For other second-degree felonies, probation or deferred adjudication may be possible.

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?

• Aggravated assault (Penal Code 22.02)
• Burglary of a habitation (Penal Code 30.02)
• Robbery (Penal Code 29.02)
• Manslaughter (Penal Code 19.04)
• Intoxication manslaughter (Penal Code 49.08)
• Possession of 4 to less than 200 grams of a Penalty Group 1 substance (Health and Safety Code 481.115)

How can prior convictions raise the range?

If the State proves one prior felony conviction, a second-degree felony is punished in the first-degree range of 5 to 99 years or life (Penal Code 12.42(b)). With two prior felony convictions in the right sequence, the range becomes 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.

Can a prior felony make a second-degree charge more serious?

Yes. If the State proves that you were previously finally convicted of a felony other than a state jail felony punished under Penal Code 12.35(a), a second-degree felony is punished as a first-degree felony, 5 to 99 years or life (Penal Code 12.42(b)). The prior has to be pleaded and proved, so its date, finality and paperwork are worth checking early.

Does Proposition 3 affect bail on second-degree charges?

For some charges, yes. Since November 19, 2025, the Texas Constitution requires the denial of bail for certain listed felonies when the State meets the required burden at a hearing. The list includes aggravated assault when the person caused serious bodily injury or used a firearm, club, knife or explosive weapon (Texas Secretary of State, 2025 explanatory statements). Many other second-degree charges, such as most drug and property cases, are not on the list, and the usual bail factors in Code of Criminal Procedure 17.15 apply.

Can a second-degree felony be sealed later?

Only in limited situations. A conviction cannot be expunged. If the case ends in a completed deferred adjudication, an order of nondisclosure may be possible after a waiting period of five years for felonies (Government Code 411.0725), but many offenses are excluded, including offenses involving family violence and offenses that require sex offender registration (Government Code 411.074). A dismissal or acquittal may qualify for expunction under Code of Criminal Procedure chapter 55A.

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