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Family and Criminal Law Blog

Thursday, June 27, 2019

Felony Charges

Put simply, a felony is a serious crime. Defined by its punishment, a defendant charged with a felony faces state prison or jail time. This is in contract to misdemeanor crimes which are punishable by up to one year in local or county jail. For a felony, the jail term could be anywhere from 6 months to life. If you are up against felony charges, you are looking at jail time. You are looking at carrying the stigma of being a convicted felon for the rest of your life. You are looking at permanent and life-altering consequences. With so much on the line, you need trusted criminal defense counsel by your side. The experienced criminal defense attorneys at Navarrete & Schwartz, P.C. understand that their clients are fighting for their lives when facing felony charges. We take this responsibility seriously and prepare to fight those charges with the full force of the law.

What are the Different Kinds of Felonies?

While all felony charges are serious and carry substantial penalties, some felonies are considered more serious than others. The most serious of which is a capital felony. In Texas, a capital felony means that you face the possibility of the death penalty or life without parole if you are convicted. Murder is one such example of a capital felony.

Just below a capital felony is a first degree felony. A first degree felony is punishable by 5 to 99 years’ imprisonment and fines totaling up to $10,000. A second degree felony carries a penalty of 2 to 20 years in prison and fines totaling up to $10,000. Next comes the third degree felony category. A third degree felony carries a punishment of 2 to 10 years’ jail time and fines totaling up to $10,000. Last comes the state jail felony. A state jail felony carries a punishment of 180 days to 2 years in state jail and fines totaling up to $10,000. The state jail felony is kind of a catchall. If lawmakers classify a crime as a felony but do not actually provide a designation as to what kind of felony it is or what the sentence is, then the felony is considered to be a state jail felony by default.

Some of the most well known felonies include: 

  • Robbery: Robbery is a theft crime. It is considered to be a felony in the second degree which means the defendant faces up to 20 years in prison. A robbery occurs when a person causes bodily harm to another person during the commission of a theft.

  • Kidnapping: Kidnapping is categorized as a felony in the third degree which means the defendant faces up to 10 years in prison. In committing a kidnapping, the kidnapper restrains and abducts another person and then brings the person to another location. A kidnapping rises to the level of a second degree felony if there are aggravating circumstances. Such aggravating circumstances may include the kidnapper holding the person for ransom, hurts or terrorizes the person, or uses the person to help aid in the commission of a felony.

  •  Murder: Usually considered to be a first degree felony, a murder is when someone causes the death of another person. If the murder was committed suddenly and unplanned, during a “rage of passion,” it will usually be considered a second degree felony.

Fighting for You in the Face of the Severe Consequences of a Felony Conviction

A felony conviction is likely something you will never escape. The jail time, money, and stigma you will carry as a felon is a burden that is extremely difficult to get out from under. That is why the tenacious criminal defense attorneys at Navarrete & Schwartz, P.C. are relentless in mounting the strongest possible defense for our clients. We are proud to serve the residents of Midland, Texas. Contact us today.


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Navarrete & Schwartz, P.C. is located in Midland, Texas and serves the surrounding cities and counties, including: Odessa in Ector County, Andrews County, Martin County, Howard County, Winkler County and Crane County.



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