1st Degree Felony TexasFirst Degree Felony in Texas

A First Degree Felony in Texas is an offense that is punishable by confinement in the state penitentiary for a period of five years up to 99 years or life.

Individuals who are sentenced to a term of imprisonment for a first degree felony may be eligible for parole in quarter time, if they are not charged with a 3G offense and there is not a deadly weapon finding. On the other hand, if there is a deadly weapon finding or if the offense is a 3G offense, parole is not an option until at least half of the sentence has been served. Eligibility for parole is not a guarantee that parole will be granted.

Examples of First Degree Charges in Texas

Aggravated Assault – Public Servant
Aggravated Kidnapping
Delivery of Marijuana 50-2000 lbs
Escape Using a Deadly Weapon
False Statement to Obtain Credit over $200,000
Fraudulent Use/Possession of Identifying Info 50 or More Items
Injury to a Child/Disabled/Elderly – Knowingly Causing Serious Bodily Injury
Insurance Fraud over $200k
Manufacture Delivery of Controlled Substance PG 1, PG2, PG2A >=4G<200G
Manufacture Delivery of Controlled Substance 200G-400G-PG 3/4
Money Laundering over $200,000
Murder Possession of Controlled Substance 200-400-PG1
Possession of Controlled Substance O/2000LB-PG 2-A

Penal Code Section 12.32

First Degree Felony Punishment

(a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.

FelonyPrison time
Third Degree2-10 years
Third Degree - Repeat Offender2-20 years
Third Degree Habitual5-99 years or life
Second Degree2-20 years
Second Degree Repeat Offender5-99 years or life
Second Degree Habitual Offender25-99 years or life
First Degree5-99 years or life
First Degree Repeat Offender15-99 years or life
First Degree Habitual Offender25-99 years or life

Penal Code Section 12.42

Repeat and Habitual Felony Offenders

(c)(1) If it is shown on the trial of a felony of the first degree that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35(a), on conviction the defendant shall be punished by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 15 years. In addition to imprisonment, an individual may be punished by a fine not to exceed $10,000.