The State of Texas does not have Class B Felonies. Instead, in Texas, felony categories include the following:
- Capital Felonies: Punishable by life in a Texas prison or by 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 a Texas 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 state jail and up to $10,000 in criminal fines
Although Texas does not use the same system for classes of felonies as other jurisdictions or the federal system to categorize criminal offenses, it can still be helpful to understand the classifications that are used in jurisdictions with Class B Felonies, including federal jurisdictions. Many jurisdictions divide felonies into categories labeled either 1, 2, 3 or A, B, C, etc. The specific categories can vary by jurisdiction.
In many locations, if a defendant is convicted of a Class B felony, they can face at least one year, all the way up to 25 years in prison. Examples of criminal offenses that are often categorized as Class B Felonies include certain theft offenses, serious drug offenses, some fraud offenses, and certain types of assault.
A Texas lawyer will be able to help a defendant understand the charges against them, how Texas categorizes felony offenses, and how they may differ from Class B Felonies in other states and the federal system.
Classification of Felonies
A felony is a crime that can be punished by incarceration in prison for more than one year. As noted above, Texas does not have a Class B Felony category.
Because, however, many other states, jurisdictions, and the federal government do have Class B Felonies, it can be helpful to understand the categories of felonies in this classification, which include:
- Class A Felonies: Class A Felonies are the most severe and include the most serious crimes, such as murder, kidnapping, and rape.
- A convicted defendant may face a potential sentence of life in prison without the possibility of parole or the death penalty.
- Class B Felonies: Class B Felonies may include manslaughter, certain drug offenses, and some theft offenses.
- Depending on the jurisdiction, Class B Felonies may carry a potential prison sentence of at least one year in prison and up to 25 years in prison.
- Class C Felonies: Class C Felonies may include certain fraud offenses, some assault offenses, and certain theft offenses.
- Depending on the jurisdiction, Class C Felonies usually result in a potential prison sentence of at least one year and up to 10 years in prison.
- Class D Felonies: Class D Felonies are the least serious category. This category includes drug offenses, some forms of burglary, and some types of fraud.
- Depending on the jurisdiction, a conviction may carry a potential prison sentence of at least one year in prison and up to five years in prison.
Examples of Class B Felonies in Texas
Although there are no Class B Felonies in Texas, examples of Second Degree Felonies, which carry similar punishments, include:
- Manslaughter
- Intoxication manslaughter
- Arson
- Aggravated assault
- Robbery
- Sexual assault
- Human trafficking
In those jurisdictions that do have a Class B Felony category, offenses typically include:
- Fraud
- Embezzlement
- Kidnapping
- Manslaughter
- Robbery
- First-degree sexual abuse
- First-degree burglary
- Aggravated assault
- Some drug offenses, such as possession with intent to distribute
- Securities fraud and other white-collar crimes
Penalties for Class B Felony in Texas
Even though a defendant will not face Class B Felony charges in Texas, they can face Second Degree Felony charges, which are similarly punished. If convicted, a defendant can face two to twenty years in a Texas prison, criminal fines of up to $10,000, and probation.
If the defendant has a previous felony conviction, the charges against them may be elevated to a First Degree Felony. If this occurs, they may face a possible prison sentence of five years to 99 years to life. In addition to this, Texas also has a Habitual Offender Law that enhances punishment for a third felony conviction, with a defendant facing a potential life sentence.
In those jurisdictions that do have a Class B Felony category, defendants will typically face one year to 25 years in prison, substantial criminal fines, and other possible penalties, which may include community service, restitution, or probation. In some jurisdictions, there may also be mandatory minimum sentences.
To find out more about the possible penalties a defendant can face for felony charges in Texas, it is important to schedule a Texas lawyer consultation.
Minimum Sentence for Class B Felony in Texas
Again, there is no Class B Felony category in Texas. However, the minimum sentence for the equivalent Second Degree Felony is two years in prison, probation, or deferred adjudication.
Some jurisdictions have mandatory minimum sentences for defendants convicted of Class B Felonies. With mandatory minimum sentences, a defendant is required to serve a specific amount of time, regardless of any mitigating factors. Some drug offenses and violent crimes have mandatory minimums.
Can I Receive a Harsh Sentence for a Class B Felony in Texas?
Yes, a Texas defendant convicted of a Second Degree Felony can receive a harsh sentence, as Texas does not have a Class B Felony category. If the case involved aggravating factors or if a defendant had previous convictions, their sentence may be substantially longer under the Texas Habitual Offender Law, including a potential life sentence.
If a Texas defendant is convicted of a felony, they can face life-long consequences in nearly every area of their life, including and outside of their criminal record. This can include losing the right to visitation and custody of their children, if they have any, losing the right to vote and own firearms, not being able to obtain or losing a professional license, not being able to get housing, loans, and jobs, and other issues.
What Is an Extenuating Circumstance?
Extenuating circumstances, also called mitigating circumstances, are factors or events that courts may consider when sentencing a defendant that can reduce the severity of their sentence. Examples of mitigating circumstances typically include, but are not limited to:
- The defendant’s age
- History of abuse or trauma
- The defendant’s level of remorse
- Family circumstances
- The defendant’s mental or physical health
- Cooperation with law enforcement
- The level of planning or premeditation for the offense
Should I Talk to a Texas Lawyer About a Class B Felony?
If you are facing any category of felony charges in Texas, it is very important to reach out to a Texas criminal defense lawyer as soon as possible. Your attorney can explain the charges you are facing, the possible punishment, and any defenses and mitigating circumstances you may be able to present. Your Texas attorney can also negotiate with the prosecution for a lesser sentence or a reduction in the charges against you, if possible.
In a short amount of time, you can get started with the free attorney-client matching services LegalMatch offers to find a Texas criminal defense attorney in your area who will help you present the best defense possible. A felony conviction can impact every area of your life so it is important to act now to protect yourself.
