(512) 476-4626

State Jail Felony

The legal justice system categorizes crimes as a misdemeanor or felony. A felony is much more serious than a misdemeanor because it carries heavier penalties. A misdemeanor could lead to jail time, while a felony may result in a prison sentence. However, a state jail felony is an exception to this rule.

State jail felonies have the felony classification but don’t result in a prison sentence. Instead, a state jail felony can only lead to jail time. However, this doesn’t lessen the seriousness of the charge. A state jail felony can uproot your daily life. You could face up to 180 days in jail and be required to pay large fines.

If you or someone you know has been charged with a state jail felony, it’s imperative that you contact an experienced criminal defense attorney.

Lawyer for State Jail Felonies in Austin, Texas

Have you recently been charged with a state jail felony? If so, it’s imperative that you contact an experienced criminal defense attorney. A conviction can lead to steep fines and even incarceration. If you or someone you know has been charged with a state jail felony, then it’s important that you contact The Law Office of Kevin Bennett.

Kevin Bennett is a skilled attorney with a passion for helping others. He understands that dealing with criminal charges can be exhausting and scary. Kevin Bennett strives to ease the minds of his clients with a sturdy defense plan. He will collect evidence, file motions and create a strong defense for you.

Call him today at (512) 476-4626 to schedule a free consultation. The Law Office of Kevin Bennett accepts clients throughout the greater Travis County area including Rollingwood, Lakeway, Sunset Valley and Austin.


Overview of State Jail Felonies in Texas


Back to top

What is a State Jail Felony?

Texas labels serious crimes as felonies based on the severity of the offense. The law states there are four different degrees for felonies. Each felony degree has its own sentencing ranges and can be enhanced by aggravating factors.

However, one type of felony isn’t classified under a degree, but doesn’t qualify as a misdemeanor. This kind of offense is referred to as a state jail felony. A state jail felony carries the felony label but doesn’t result in prison time. Texas Penal Code § 12.13 states that:

“An individual adjudged guilty of a state jail felony shall be punished by confined in a state jail for any term of not more than two years or 180 days. In addition to confinement, a state jail felony may be punished by a fine not to exceed $10,000.”


Back to top

Examples of a State Jail Felony

The penalties for a state jail felony can drastically change your life. There’s a possibility that you’ll be court-ordered to spend two years in jail. It’s imperative that you hire a skilled attorney to evaluate your charges. Using their skills, an attorney can create a strong defense plant to defend your rights.

Listed below are some examples of a state jail felony.

  • Criminally negligent homicide;
  • Forging a check;
  • Interfering with child custody;
  • Burglarizing a building;
  • Credit card fraud;
  • Animal cruelty;
  • Improper visual recording or photography
  • False report or false alarm;
  • Identity theft;
  • Evading arrest with a vehicle;
  • Theft of items that valued between $1,500 and 20,000; and
  • DWI with a child passenger.

Back to top

Enhancements for a State Jail Felony

Certain factors could reclassify your state jail felony charges. Texas law states that if any of the following factors occurred during the crime, your charges could be reclassified to a third-degree felony.

Used or exhibited a deadly weapon during:

  • The commission of the offense;
  • An escape following the commission of the crime;
  • Was a party to the offense and was aware that a deadly weapon was going to be used or exhibited during the crime.

You can also be charged with a third-degree felony if you have a prior felony conviction for:

  • Human trafficking;
  • Continuous sexual abuse of a young child or children;
  • Murder;
  • Capital murder;
  • Aggravated kidnapping;
  • Indecency with a child;
  • Sexual assault;
  • Aggravated sexual assault;
  • Injury to a child, disabled person or elderly person;
  • Aggravated robbery;
  • Burglary;
  • Sexual performance by a child; or
  • Compelling prostitution.

A third-degree felony is punishable by:

  • Up to 10 years in prison; and
  • A possible fine of up to $10,000.

Back to top

Repeat and Habitual Felony Offenders for a State Jail Felony

Texas has its own statute for repeat and habitual offenders with state jail felony charges. Texas Penal Code § 12.425 states that if you’re on charged with a state jail felony and have two prior state jail felony convictions, then you’ll charges will be reclassified to a third-degree felony.

A third-degree felony is punishable by:

  • Minimum sentence of 2 years;
  • Maximum sentence of 10 years; and
  • A possible fine of up to $10,000.

If you’re charged with a state jail felony and:

  • Have two previous felony convictions other than a state jail felony; and
  • The second prior felony conviction is for an offense that occurred subsequent to the first felony conviction become finalized; then
  • Your charges will be reclassified as a second-degree felony.

If you used or presented a firearm during the crime and have a previous felony conviction other than a state jail felony, then your crime will be reclassified as a second-degree felony.

A second-degree felony is punishable by:

  • Minimum sentence of 2 years;
  • Maximum sentence of 10 years; and
  • A possible fine of up to $10,000.

Back to top

Additional Resources

Texas Sentencing Laws – Visit the official website for the Texas Penal Code to find more information about state jail felony and sentencing laws. Access the statute to learn more about different penalties, how they can be enhanced and more.

The Texas Criminal Justice Process – Visit a document provided by the State Bar of Texas the Criminal Justice Section to read the citizen’s guide to the Texas criminal justice process. Access the guide to learn more about offense classifications, what your rights are and the criminal process.


Back to top

Lawyer for State Jail Felony in Travis County, Texas

If you or someone you know has been charged with a state jail felony, it’s imperative that you contact an experienced criminal defense attorney. You could face up to 24 months in jail if you’re convicted. Hiring an attorney can significantly increase your chances of having your charges reduced or dismissed.

Contact Kevin Bennett to speak to a skilled criminal defense attorney. He has years of experience defending people accused of state jail felonies. Kevin Bennett will use his knowledge, resources and defense techniques to help you obtain the best possible result for your case. Call today at (512) 476-4626 to schedule a free consultation.

The Law Office of Kevin Bennett accepts clients throughout the greater Austin area including Lago Vista, West Lake Hills, Pflugerville, and Rollingwood.


Back to top

CLIENT TESTIMONIALS