This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
A single felony charge can alter the entire course of a person’s life. A felony is a serious category of crime that sits above a misdemeanor in the criminal offense hierarchy, and it carries far harsher penalties, including years in state or federal prison. Estimates from the United States Department of Justice suggest that over 19 million Americans carry a felony conviction on their record. Roughly 1 in 3 American adults has a criminal record of some kind, which shows just how common contact with the criminal justice system can be.
Beyond incarceration, a felony conviction strips away civil rights, limits housing and employment options, and follows a person for decades. This article explains what a felony is, how criminal codes classify it, and what steps to take if you face a felony charge. At LaVine Law Firm, we provide knowledgeable criminal defense for individuals facing serious charges across Texas.
The term “felony” is used across all U.S. jurisdictions, but specific definitions and classifications of crimes vary by state. What counts as a Class A felony in New York may be labeled differently or carry a different penalty range in Texas or under Ohio law. Felonies sit at the top tier of the criminal offense hierarchy, above infractions and misdemeanors, and they demand serious legal attention from the moment of arrest.
The criminal justice system organizes offenses into three broad tiers: infractions, misdemeanors, and felonies. Understanding where felonies sit in that structure helps clarify why they carry so much weight.
Here is how felonies compare to misdemeanors across the key dimensions:
The distinction matters enormously in practice. We have seen cases where the difference between a felony and a misdemeanor came down to a single aggravating factor or the dollar value of property involved. Getting that classification right requires skilled legal representation from the start.
Felony crimes span a wide range of conduct, from violent offenses to financial crimes. The felony designation depends on the specific facts, the presence of a weapon, the quantity of drugs, and the defendant’s criminal history. Here are common examples organized by category:
Drug laws, in particular, produce a high volume of felony charges. Drug trafficking alone accounts for a significant portion of the felony cases prosecuted by the Justice Department each year.
Most states, including Texas, break felonies into classes or degrees that carry progressively harsher penalties. The higher the classification, the longer the potential jail sentence and the heavier the long-term burden. Here is how Texas organizes felony charges under the Texas Penal Code:
| Classification | Sentence Range | Fine | Example Offenses |
| State Jail Felony | 180 days to 2 years | Up to $10,000 | Certain theft and drug possession offenses |
| Third-Degree Felony | 2 to 10 years | Up to $10,000 | DWI third offense, stalking |
| Second-Degree Felony | 2 to 20 years | Up to $10,000 | Aggravated assault, sexual assault |
| First-Degree Felony | 5 to 99 years or life | Up to $10,000 | Murder, aggravated robbery |
| Capital Felony | Life or death penalty | N/A | Capital murder |
First-degree felonies and capital felonies represent the most serious end of the spectrum. Capital punishment applies only to capital murder cases in Texas, and life imprisonment serves as the alternative when the death penalty is not sought. F-1 violations and first-degree felonies both carry a maximum penalty of 99 years or life.
Beyond prison time, a felony conviction triggers a long list of collateral consequences:
The classification system also affects plea bargaining. A charge filed as a second-degree felony may be reduced to a third-degree felony through effective plea bargaining, which can mean the difference between two years and twenty years. We at LaVine Law Firm fight at every stage to secure the best possible outcome, whether through trial or negotiation.
In some cases, yes. Through plea negotiations, deferred adjudication, or the completion of a probation term, certain felony charges can be reduced. The outcome depends on the charge, the evidence, and prior criminal history. An experienced criminal lawyer can evaluate whether a reduction is realistic in your case.
It depends on the state and the circumstances. In Texas, most felony convictions cannot be expunged from the criminal record. However, cases that were dismissed or resulted in an acquittal may qualify for expunction. Contact LaVine Law Firm to review your eligibility and explore every available option.
Not always. Depending on the charge and the offender’s criminal history, alternatives like probation, deferred adjudication, or community supervision may be available. First-time offenders on lower-level felony charges sometimes avoid a jail sentence entirely with the right legal strategy. A skilled defense attorney can argue for these alternatives at sentencing.
In Texas, felons lose voting rights while incarcerated and while on parole or probation. Rights are restored upon completing the full sentence, including any supervision period. Restoration is not automatic in all states, so understanding the specific rules for your conviction matters. We can walk you through what applies in your situation.
No, under federal law, felons cannot own or possess firearms. Texas state law may allow limited restoration of firearm rights five years after completing a sentence, but exceptions apply, particularly for violent offenses. The safest course is to consult a criminal defense lawyer before handling any firearm after a felony conviction.
A capital felony is the most serious criminal offense in Texas. It applies to capital murder and carries either life imprisonment or the death penalty. Standard felonies, from Class A misdemeanor-adjacent state jail felonies up through first-degree felonies, carry defined prison ranges. Capital felonies have no upper limit beyond capital punishment, making legal representation in such cases absolutely critical.
Facing a felony charge feels overwhelming. The stakes are real, and the consequences reach far beyond time behind bars. A felony conviction can cost you your civil rights, your career, and your future, which makes experienced legal representation not just helpful but essential.
At LaVine Law Firm, we defend clients against the full range of felony charges in Texas, from state jail felonies to capital cases. We protect your rights at every stage of the criminal justice process, from the grand jury indictment through trial or plea bargaining. Our team reviews the facts, challenges weak evidence, and builds a defense strategy designed to get you the best possible result. We offer free, confidential case evaluations with no obligation.
Do not speak to investigators or enter any plea before you talk to us. Every moment counts when a felony charge is on the line. Let LaVine Law Firm fight for you.
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