In the State of Texas, unlike in other states, there is no Class D Felony. In Texas, felonies are categorized by degrees, including:
- 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
In the State of Texas, a State Jail Felony is the least severe category of felony. However, in other states, that category is typically a Class D Felony.
Many individuals are familiar with the Class systems that are used in many states as well as in the federal system to categorize crimes. Although they are not specifically used in Texas, it is still helpful to be aware of how they work.
There are three main categories of criminal offenses in the criminal justice system: citations, misdemeanors, and felonies. Citations are considered the least serious and are punishable by a fine.
A misdemeanor is considered more serious than a citation but less serious than a felony. They are typically punishable by less than one year in jail and a substantial criminal fine.
A felony is the most serious category of criminal offense. It is usually punishable by at least one year in prison and larger criminal fines than misdemeanors.
Felony offenses are divided into categories based on their seriousness, typically using a numerical or alphabet system, such as 1, 2, 3, and 4 or A, B, C, and D. The more serious felony offenses are usually categorized as Class A Felonies and the seriousness lessens as the categories continue, with the least serious often being a Class D Felony.
This means a defendant will face the most severe punishment when convicted of a Class A Felony and the least severe when convicted of a Class D Felony. A Texas lawyer can help their client understand the details of the state’s felony classification system and how it differs from other states and the federal classification of criminal offenses.
What Is the Sentence for a Class D Felony–Level Crime in Texas?
As previously discussed, there is not a Class D Felony classification for crimes in Texas. However, the category of Third Degree Felony, which is the closest in severity to the Class D Felony category in other states, has a possible sentence of two to 10 years in prison as well as criminal fines of up to $10,000.
For jurisdictions that have a Class D Felony category, the sentence will depend on the location and the offense. However, the sentence will often include some combination of the following:
- Incarceration
- Criminal fines and court costs
- Restitution
- Drug and alcohol testing or treatment
- No-contact orders
- Anger management courses
- Suspension or revocation of driving privileges in a felony DWI/DUI case
- Community service
- Probation
In some locations, sentences will be fixed. In most jurisdictions, however, courts can exercise discretion regarding the sentence they impose.
If someone is a repeat offender, they are likely to face a harsher punishment than a first-time offender, including increased higher fees and increased jail time.
Even though a less serious felony conviction may not seem as severe, it is still a felony conviction, which can result in issues with finding housing, obtaining loans, getting into schools, and getting jobs. Any time someone is facing felony charges in Texas, it is very important to schedule a lawyer consultation.
Can You Receive More Than Seven Years in Prison in Texas?
Yes, if a defendant is convicted of a Third Degree Felony in Texas, they can face two to 10 years in prison, which can result in a sentence of more than seven years. In jurisdictions that have a Class D Felony classification, an individual can receive more than seven years for a conviction.
Under the federal system, if an individual is convicted, they may face more than five years but less than 10 in federal prison. Federal Class D Felonies can include identity theft, tax evasion, and mail fraud.
How Serious Are Class D Felony–Type Crimes in Texas?
As noted above, any type of felony conviction is very serious because it may have life-long consequences, including the loss of certain rights. The punishments are typically fairly severe and include incarceration as well as large fines.
When a defendant is convicted of a felony, they may have a permanent criminal record and lose a variety of rights and abilities, such as:
- Being able to serve on a jury
- The right to vote
- Retaining or renewing a professional license
- Child custody and visitation
- Public benefits access, such as food stamps
- The ability to purchase or own firearms
- Eligibility to get federal student loans
Common Texas Crimes Comparable to Class D Felonies
In jurisdictions with Class D Felony categories, a conviction will typically carry a maximum sentence of five to 10 years, or sometimes less. Class D Felonies typically compare most closely to the lower felony categories in Texas.
Examples of Texas State Jail Felonies include:
- Evading arrest with a vehicle
- Credit card abuse
- Possession of a controlled substances of less than one gram
- Theft of property when the property is valued between $2,500 and $30,000
Examples of Texas Third-Degree Felonies include:
- Stalking
- DWI, a subsequent or third offense
- Intoxication assault
- Possession of a controlled substance in certain amounts
What is classified as a Class D Felony can vary by jurisdiction but typically includes:
- Aggravated assault
- Domestic assault
- Involuntary manslaughter
- Larceny
- Weapons violations
- Possession of small amounts of illegal substances, with or without the intent to distribute
- Felony DWI/DUI
- Stalking
- Human trafficking
- Burglary of commercial property
- Theft of a motor vehicle
- Shoplifting
- Fraud
- Embezzlement
- Resisting arrest
- Promoting prostitution
- Child enticement
- Forgery
- Arson in certain situations
It is important to be aware that, in some situations, a criminal offense that would typically be charged as a misdemeanor may be charged as a felony, such as if the defendant:
- Used a weapon
- Used alcohol or drugs
- Violated a restraining order
- Inflicted severe bodily harm or death
- Engaged in a patter of abuse
- Is a repeat offender
Defenses to Felony Charges in Texas
Yes, defenses may be available in Class D Felony cases in Texas, depending on the circumstances of the case and the offense. One commonly used defense is lack of criminal intent.
With this defense, a defendant claims they did not have intent to commit the offenses, they were not aware of their conduct, or they did not have the mental capacity to formulate intent due to the fact that they were intoxicated or they had a mental disability. This defense is commonly used in check fraud and other bank-related cases. It may also be used in assault or stalking cases when a defendant did not mean to threaten or scare a victim.
A defense of lack of knowledge may be used against charges of motor vehicle theft, burglary, forgery. The defendant may argue they had permission to use a car, enter a location, or use someone’s signature or identification. The defendant can claim they did not have the knowledge required to form intent to commit the crime.
Do I Need a Texas Criminal Defense Attorney for a Felony Charge?
If you have been charged with any type of felony offense, it is essential to consult with a Texas criminal defense lawyer. A felony conviction can impact nearly every aspect of your life.
You can use the free lawyer-client matching services LegalMatch offers to find a Texas criminal attorney in your area who can defend you in court, negotiate with the prosecution to potentially have your charges lowered, and protect your rights throughout the process.
