In the State of Texas, there is no Class 4 Felony. Instead, the state has the following categories for felony offenses:
- Capital Felonies: Punishable by life in prison or the death penalty
- First Degree Felonies: Punishable by five to 99 years in prison and up to $10,000 in criminal fines
- Second Degree Felonies: Punishable by two to 20 years in prison and up to $10,000 in criminal fines
- Third Degree Felonies: Punishable by up to two to 10 years in prison and up to $10,000 in criminal fines
- State Jail Felonies: Punishable by 180 days to two years in a Texas state jail and up to $10,000 in criminal fines
The least severe felony category is State Jail Felony, which is often a Class D felony in other states. The commonly used felony class systems that are used in other states and the federal system may be familiar and it can still be helpful to review them.
States commonly divide felonies into alpha or numeric categories, such as Class A, Class B, Class C, Class D, or Class 1, Class 2, Class 3, Class 4, etc. Typically, Class A Felonies are the most serious and a Class D felony is considered the least serious.
A Class 4 Felony and a Class D Felony will be considered relatively minor felony offenses that will result in lesser degrees of punishment. In states that follow these systems, Class 4 Felonies are typically one step higher than the most serious category of misdemeanor offenses.
Common examples of offenses that are categorized as Class 4 Felonies include criminal mischief, vehicular assault, and motor vehicle theft. Even though Class 4 Felonies may be considered less severe, they are still felony charges and can have consequences well beyond someone’s criminal record.
A Texas lawyer can provide specific information about the levels of felony offenses in Texas and how they compare to felony categories in other states. They can also explain the specific charges their client may be facing.
Examples of Class 4 Felonies in Texas
As noted above, Texas does not have a Class 4 Felony category for criminal offenses. However, it does have a Third Degree Felony category, which may be considered the closest in severity to a Class 4 Felony category in other states.
This Third Degree Felony category carries possible sentences of two to ten years in prison along with criminal fines of up to $10,000. Examples of Texas Third-Degree Felonies include:
- Intoxication assault
- Stalking
- DWI, a subsequent or third offense
- Possession of a controlled substance in certain amounts
In jurisdictions that have Class 4 Felony categories, there is a wide range of offenses that may be included, such as:
- Robbery
- Perjury
- Aggravated assault
- Stalking
- Vehicular homicide
- Arson
- Sexual assault
- Felony DUI
- Burglary
- Manslaughter
- Possession of illegal drugs
- Extortion
- Dog fighting or other animal-related crimes
When a defendant is a repeat offender, they will likely face harsher punishments than first-time offenders. This typically includes increased incarceration times and higher criminal fines.
It is also important to note that, in some cases, even though a crime would usually be charged as a misdemeanor, it may be charged as a felony when certain aggravating circumstances are present, for example if a defendant:
- Used a weapon
- Used alcohol or drugs
- Is a repeat offender
- Violated a restraining order
- Inflicted severe bodily harm or death
- Engaged in a pattern of abuse
Although a lesser felony conviction might seem better, it is still a felony conviction. Having a felony on someone’s criminal record can cause them issues finding a place to live, getting a loan, getting into a school, and getting a job. Whenever an individual faces felony charges of any type in Texas, they need to schedule a lawyer consultation.
How Bad Is a Class 4 Felony in Texas and What Does It Mean in Court?
As previously noted, no matter what category of felony someone is convicted of, whether it is a Class 1 or a Class 4, it is still a felony and can impact nearly every area of their life. Even though sentencing guidelines vary by state, the majority of Class 4 Felony convictions are punishable by a prison sentence of one to three years and criminal fines of up to $10,000 or more.
When someone has a Class 4 Felony conviction, or any type of felony conviction, as discussed above, they can have issues finding employment, housing, getting loans, and they may have certain rights taken away.
They may no longer be able to vote and they may be prohibited from owning firearms. In addition to these rights, felony convictions can also affect their child custody and visitation rights if they have children.
Texas also has a three strikes law, or a habitual offender law, that can impose severe penalties on individuals who have multiple serious or violent felony convictions. It is essential to schedule a Texas lawyer consultation to find out exactly how a felony conviction can impact an individual’s life.
What Is the Difference Between Felonies and Misdemeanors?
There are several differences between misdemeanors, and felonies. A misdemeanor offense is considered to be less serious than a felony offense and is usually punishable by up to one year in jail and a criminal fine.
A misdemeanor is commonly considered a victimless offense. It may include contempt of court, disorderly conduct, and other offenses that do not result in serious bodily injury, death, or serious property damage.
A felony offense is the most serious type of criminal offense and is usually punishable by one year or more in prison and a more substantial criminal fine.
Felonies usually involve more serious offenses, many of which include acts of violence. Felony offenses usually cause greater harm to a victim, property damage, or harm to society as a whole.
What Is a “Wobbler” Crime?
Texas does not have wobbler crimes like other states, such as California. Wobbler crimes are offenses that may be charged as misdemeanors or felonies, depending on the circumstances surrounding the crime.
Wobbler offenses were created so flexibility could be used when sentencing a criminal defendant. For example, if an offense would usually be a felony, some situations may require that the defendant not be punished as harshly as felony charges would require. In these cases, the court may be able to sentence the defendant according to misdemeanor charges.
This can also work in the other way if a defendant committed a misdemeanor offense but felony-level punishment is warranted due to the circumstances of the case. In states that have them, Class 4 Felonies are common wobbler offenses.
Specific examples of criminal offenses that can qualify as wobblers include assault, carrying a loaded firearm in public, burglary, criminal threats, driving under the influence (DUI), forgery, and certain drug offenses.
Do I Need a Lawyer if I’m Facing Class 4 Felony Charges in Texas?
If you have questions about the felony offense categories in Texas or if you have been charged with any category of felony in Texas, it is essential to consult with a Texas criminal defense lawyer, as a felony conviction can impact all areas of your life.
LegalMatch provides you with no cost lawyer-matching services you can use for free today in as little as 15 minutes to get started finding a Texas criminal defense attorney in your area who will defend you in court and negotiate with the prosecution on your behalf.
