Felony Offenses

Houston criminal-defense attorney Mark Bennett has, for over 20 years, fought for the rights of Houstonians & Texans accused of felony criminal offenses. If you or a loved was accused of a felonious criminal offense, it’s not a matter to be taken lightly.

Your freedom and/or life might be on the line, making the need for effective legal representation a top priority. The bulk of our practice is dedicated to representing alleged felons in criminal cases and providing the best strategy possible for dealing with serious criminal charges.

Criminal convictions for felony offenses in Texas carry severe penalties as outlined below.

Felony Offenses: Criminal Penalties in Texas

In Texas, felony criminal classifications, in order of severity, are:

  • State Jail Felony: 6 months to 2 years in state jail;
  • 3rd Degree Felony: 2 years to 10 years in prison;
  • 2nd Degree Felony: 2 years to 20 years in prison;
  • 1st Degree Felony: 5 years to life in prison;
  • Capital Murder: life in prison or death.

Although not listed, criminal convictions may also carry financial penalties, or “fines”.

Also, there are 25-life felonies (a 1st, 2nd, or 3rd Degree felony with two prior felonies; or a continuous sex abuse case); 15-life felonies (a first degree felony with a prior felony conviction, for example, or possession of more than 400 grams of cocaine with the intent to distribute it).

Can I Get Probation?

Many people charged with felonies in Texas are eligible for probation either from the judge or from the jury.

Aggravated Offenses

A person charged with an aggravated felonious criminal offense can generally (with some exceptions) get probation from the jury if they weren’t convicted as a felon in the past, or was on probation as a felon before, and if the jury sentences them to less than 10 years in prison, and can get deferred adjudication probation from the judge.

Non-Aggravated Offenses

A person charged with a non-aggravated offense (other than State Jail Felonies) can get probation from the jury under the same circumstances, as well as getting either probation or deferred adjudication probation from the judge. (Eligibility for probation does not mean that the person will necessarily receive probation.)

Prior Convictions


A person previously convicted as a felon, or was on probation as a felon, can get deferred adjudication probation from the judge, but cannot get probation from the jury. The felonies that we handle run the gamut from state jail felony drug cases (less than a gram of crack cocaine, for example) to aggravated habitual cases. Prior convictions can also lead to an enhancement.

Our defense team has been intensively involving in lots of drug cases, environmental law cases (illegal dumping), white collar crime, theft, robbery, computer crime, sex crimes. Just about any crime you can imagine someone being accused of, we’ve defended it.

If you have any questions about your case, or if you need help understanding the information we’ve presented here, contact our law office today by calling 713-224-1747.

Houston Felony Lawyers • Top Rated, Board Certified®

Bennett & Bennett, Houston Criminal-Defense