Criminal Sentencing Guidelines

Texas criminal law contains standard sentencing guidelines that must be used when assigning punishments to people who are convicted of crimes. However, there are many ways a penalty can be aggravated or increased due to prior offenses and/or the circumstances of the offense. Additionally, the statutes for some offenses require a higher level of punishment than the standard sentencing guidelines.

The chart below shows the standard criminal sentencing guidelines in Texas. However, if you’ve been charged with a crime, you should seek the advice of a criminal defense attorney to explain exactly what penalties you could be facing under the specific circumstances of your case.

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ClassificationMinimum SentenceMaximum SentenceMaximum Fine
StandardClass C MisdemeanorN/ANone$500
Class B MisdemeanorN/A180 days$2,000
Class A MisdemeanorN/A1 year$4,000
State Jail FelonyN/A2 years$10,000
Third Degree Felony2 years10 years$10,000
Second Degree Felony2 years20 years$10,000
First Degree Felony5 years99 years$10,000
Capital Felony (Adult)Life Without ParoleDeath PenaltyN/A
Prior Conviction for Felony or Class A or Class B MisdemeanorClass B Misdemeanor30 days180 days$2,000
Prior Conviction for Felony or Class A MisdemeanorClass A Misdemeanor90 days1 year$4,000
Two Prior Convictions for State Jail FelonyState Jail Felony2 years10 years$10,000
Two Prior Convictions for First, Second, or Third Degree FelonyState Jail Felony2 years20 years$10,000
One Prior Conviction for First, Second, or Third Degree FelonyThird Degree Felony2 years20 years$10,000
Second Degree Felony5 years99 years$10,000
First Degree Felony15 yearsLife$10,000