San Antonio Felony Lawyer

Working to Avoid Imprisonment in Texas

Chapter 12 of the Texas Penal Code sets out the punishment ranges for felonies. A felony is a more serious crime than a misdemeanor. Examples of common felonies include :

• Possession of cocaine, heroin, methamphetamine, or any other drug than marijuana, 
• Dealing drugs
• Assault with a weapon or assault of a public servant
• Aggravated assault
• Sexual assault
• Evading arrest with a vehicle
• Robbery 
• Burglary
• Intoxication manslaughter
• DWI with a child passenger
• Theft valued $1,500 or more
• Welfare and insurance fraud

Penalties for Felony Conviction in Texas

Upon a felony conviction, you can lose the right to vote, own a firearm, and can lose the ability to maintain certain occupational licenses. 

All of these penalties would occur after a lengthy prison sentence and a hefty fine. Some felonies, however, are relatively more manageable than others, depending on classification.

The classifications of felonies are as follows:

State Jail Felony

• Maximum Fine of $10,000
• 6 Months to 2 Years in a State Jail Facility or Probation

3rd Degree Felony

• Maximum Fine of $10,000
• 2 to 10 Years in the Texas Department of Corrections ("TDC") or Probation

2nd Degree Felony

• Maximum Fine of $10,000
• 2 to 20 Years in TDC or Probation

1st Degree Felony

• Maximum Fine of $10,000
• 5 to 99 Years in TDC or Probation

As you can see, a felony criminal charge is a serious business. Even if you are granted probation or deferred adjudication, the range of time for probation is two to ten years. You need an aggressive San Antonio criminal defense lawyer who will work hard to get the charges reduced to lesser misdemeanor charges or dismissed.

How is a Felony Charge Different Than a Misdemeanor Charge?

A felony charge differs from a misdemeanor charge primarily in the severity of the crime, the potential penalties, and the long-term consequences. 

Felony Charges

Felony charges involve more serious crimes that pose significant harm to individuals or society. Convictions typically result in more severe penalties, including imprisonment for more than one year, and in some cases, life imprisonment or the death penalty. Fines and probation can also be part of the sentence.

Additionally, the legal proceedings for felonies are more complex and lengthy. They may involve grand jury indictments, preliminary hearings, and extensive trials.

Convictions of a felony charge can lead to significant long-term consequences, such as the loss of voting rights, restrictions on owning firearms, difficulty in finding employment, and ineligibility for certain professional licenses. The social stigma attached to a felony record is also more severe. 

Due to the serious nature of felonies, defendants often require more intensive legal representation. Court proceedings are typically more formal, with greater emphasis on procedural safeguards.

Misdemeanor Charges

Misdemeanor charges on the other hand are less severe offenses, often involving minor harm or risk. Common examples include petty theft, simple assault, vandalism, and traffic violations like DUI.

Convictions generally result in lighter penalties, such as imprisonment for less than one year, typically served in a local or county jail. Other penalties can include fines, community service, and probation. 

The legal proceedings for these types of charges are usually more straightforward and quicker. Cases may proceed directly to trial without the need for grand jury indictments or preliminary hearings.

While a misdemeanor conviction can still impact employment and other aspects of life, the long-term consequences are generally less severe than those of a felony. Civil rights are typically not affected, and the social stigma is less pronounced.

What Rights Might be Affected by a Felony Conviction in Texas? 

When an individual is convicted of a felony in Texas, several rights may be affected. 

Here are some key areas where rights could be impacted:

• Voting Rights: In Texas, individuals convicted of a felony lose their right to vote while incarcerated. However, upon completion of their sentence, including any parole or probation, individuals regain their right to vote.
• Gun Ownership: A felony conviction in Texas can result in restrictions on the right to own or possess firearms. Federal law prohibits felons from possessing firearms, and Texas law also restricts gun ownership for certain felony convictions.
• Employment Opportunities: Felony convictions can impact an individual's ability to secure certain types of employment. Some professions may have licensing requirements that prohibit individuals with felony convictions from obtaining employment in those fields.
• Jury Service: In Texas, individuals convicted of a felony may lose the right to serve on a jury. This restriction can vary based on the type of felony conviction and the individual's status after completing their sentence.
• Public Benefits: Certain public benefits, such as housing assistance or federal financial aid for education, may be affected by a felony conviction. Eligibility for these benefits can be restricted based on criminal history.

Call the San Antonio felony lawyer at  Law Office of Roberto Ambrosino, PLLC today for your free case evaluation.