What a Second Degree Felony Means in Texas

What is a second degree felony in Texas? It is a serious felony offense, ranked below first-degree felonies. If your loved one has been charged, this guide explains what those numbers mean and what they don’t.

What is a second-degree felony in Texas?

A second-degree felony is a felony offense that Texas law places below first-degree felonies and above third-degree felonies. Texas Penal Code § 12.33 sets the punishment for a second-degree felony. A person convicted of this offense faces imprisonment in the Texas Department of Criminal Justice for not more than 20 years and not less than 2 years. A fine of up to $10,000 can be added to the prison term.

Think of the range as a set of limits. The statute tells the court the lowest and highest sentence it may impose. It does not say what will happen in your loved one’s case.

The degree also tells you how the law views the offense. It affects every step that follows, from bond to the discussions about how the case may be resolved.

How Texas ranks felonies by degree

Texas ranks felonies by degree, not by class. The state uses first, second and third degrees, plus a separate state jail felony category. Each level has its own range:

• State jail felony: confinement in a state jail for any term of 180 days to 2 years, and a fine of up to $10,000 may also be imposed. It is punished as a third-degree felony instead if it is shown at trial that a deadly weapon was used or exhibited as the statute describes, or that the person has certain prior felony convictions (§ 12.35).

A state jail felony carries a different punishment range than a third-degree felony. Under Texas Penal Code § 12.35, a state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, and in addition to confinement, the individual may also be punished by a fine not to exceed $10,000. The Texas Attorney General’s Penal Code offenses by range chart groups offenses this way. Under Texas Penal Code § 12.35, a state jail felony is punished as a third-degree felony if it is shown at trial that a deadly weapon was used or exhibited during the offense or the immediate flight after it, and that the person used or exhibited the weapon or was a party to the offense and knew a deadly weapon would be used or exhibited, or that the person has certain prior felony convictions. Section 1.07 defines a deadly weapon as a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

How a charge becomes a second-degree felony

The statute the person is charged under sets the degree. Some offenses are second-degree felonies in their basic form. Others move up or down based on facts the law names, such as a deadly weapon, serious bodily injury or the age of the complainant.

Prior convictions can also raise the range.

In theft cases, value is the key figure. Under Texas Penal Code § 31.08, value is generally the fair market value at the time and place of the offense, subject to the additional criteria of Subsections (a-1), (b), and (c) for certain property such as retail merchandise and documents. If fair market value cannot be determined, value is the cost of replacing the property within a reasonable time after the theft. If the accused proves they gave consideration for the property or had a legal interest in it, that amount is deducted.

The charging document, usually an indictment, states the offense and its degree. Charges can change as the evidence develops, so the first paperwork may not be the final version.

Which offenses are often charged as second-degree felonies?

Aggravated assault is generally a second-degree felony under Texas Penal Code § 22.02. The Harris County Managed Assigned Counsel summary describes the same 2 to 20 year range. The offense requires an assault plus either serious bodily injury or the use or exhibition of a deadly weapon, according to the Houston Police Department Family Violence Unit.

Aggravated assault can rise to a first-degree felony in listed circumstances. One example is using a deadly weapon and causing serious bodily injury to a person in a specified family or household relationship.

Aggravated sexual assault is a different case. Under Texas Penal Code § 22.021, it is a first-degree felony. The minimum term of imprisonment is increased to 25 years if the victim is younger than 10 years of age at the time the offense is committed, or if the victim is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A) (Texas Penal Code § 22.021).

Theft is graded by value, so the number used matters. If your loved one is facing a theft charge, ask how the value was set and what evidence supports it.

What the punishment range does and does not tell you

The 2-to-20-year range is a statutory limit, not a forecast. Two cases with the same charge can end very differently. The facts, the evidence, prior history and how the case moves through court all matter. No lawyer can ensure a particular result.

Reading the charging document closely is a useful first step. Then review the evidence and the options in plain terms.

Waiting until a court date is close to look at the papers leaves less time to act. Starting early gives more room to ask questions.

Next steps for your loved one’s case

If you’re reading this, your loved one may have been arrested or indicted, or may be waiting to hear what they are charged with. That is a stressful place to be, and court papers are hard to follow.

Gather the charging document, the bond paperwork, any court dates and any notices you received. Keep them together so they are easy to review.

Our team at Barbieri Law Firm offers a free initial consultation that is confidential and carries no obligation. You can call (972) 424-1902 or send your case details through our contact page.

Frequently asked questions

What is a second degree felony in Texas?

What is the maximum penalty for a third-degree felony in Texas?