What makes a crime a felony in Texas?

A crime is a felony in Texas when state law classifies the offense as a state jail, third-degree, second-degree, first-degree, or capital felony. The classification determines the basic punishment range, although prior convictions and other enhancements can increase the potential penalties.

Can a felony charge be reduced to a misdemeanor in Texas?

Yes, in some cases a Texas felony charge may be reduced to a misdemeanor. Whether that is possible depends on the offense, evidence, criminal history, available defenses, and negotiations with prosecutors. A reduction is not available or appropriate in every felony case.

Can a felony be dismissed in Texas?

Yes. A felony charge can be dismissed in Texas under some circumstances. Potential reasons may include insufficient evidence, problems proving an essential element of the offense, unreliable witnesses, constitutional violations, or other weaknesses in the prosecution's case. A dismissal is never guaranteed.

Can you get probation for a felony in Texas?

Yes, community supervision, commonly called probation, may be available for some Texas felony offenses. Eligibility depends on factors including the charge, criminal history, sentence, and whether community supervision is granted by a judge or jury. Some offenses and circumstances restrict or prohibit probation.

What happens after a felony arrest in Austin?

After a felony arrest in Austin, the defendant generally goes through magistration and the bond process before the case proceeds through the Travis County criminal justice system. A felony case may involve grand jury review, indictment, pretrial hearings, negotiations, motions, and potentially a trial. Felony cases in Travis County are handled by the county's criminal district courts.

How long does a felony case take in Travis County?

There is no fixed timeline for a felony case in Travis County. The length of a case can depend on the seriousness of the charge, complexity of the evidence, grand jury proceedings, court schedules, negotiations, pretrial motions, and whether the case goes to trial. Complex felony cases can take many months or longer to resolve.

How much prison time can you get for a felony in Texas?

The prison sentence for a Texas felony depends on the classification. A state jail felony generally carries 180 days to two years in a state jail, while third-degree felonies carry two to 10 years, second-degree felonies two to 20 years, and first-degree felonies five to 99 years or life. Prior convictions and other enhancements can increase these ranges.

Can a felony be expunged in Texas?

A felony charge may be eligible for expunction in Texas in certain circumstances, but a final felony conviction generally cannot be expunged. Other record-clearing options may sometimes be available depending on the case.

Austin Felony Defense Lawyer | Michael & Associates

In Texas, a felony is a serious category of criminal offense that can carry confinement in a state jail or prison. Texas law divides felonies into five classifications based on severity: state jail, third-degree, second-degree, first-degree, and capital felonies.

If you have been arrested, charged with a felony, or learned that you are under investigation for a felony offense in Austin, the stakes are extremely high. Even a state jail felony can expose you to months or years of confinement and a fine of up to $10,000. More serious felony charges can carry decades in prison or, in some cases, life imprisonment.

A felony conviction can also create consequences long after the criminal case ends. Depending on the offense and your circumstances, it may affect employment, housing, professional licensing, firearm rights, immigration status, and other parts of your life.

If you are facing a felony investigation or charge in Travis County, getting an experienced defense attorney involved early can give your lawyer more time to investigate the allegations, preserve evidence, identify weaknesses in the prosecution's case, and begin building your defense.

Austin Felony Defense Lawyer

At Michael & Associates Criminal Defense Attorneys, we represent people accused of felony offenses in Austin and throughout Travis County.

Every client works directly with an experienced defense attorney, not a junior associate. Our Austin team includes Dan Dworin, who has been Board Certified in Criminal Law by the Texas Board of Legal Specialization since 2004 and has nearly 30 years of criminal defense experience. Dworin has handled cases ranging from DWI and drug charges to serious felony and murder cases in state and federal courts.

James Fletcher, managing attorney of our Austin office, has earned the Lawyer-Scientist designation through advanced forensic training. His scientific background can be particularly valuable in felony cases involving blood or drug testing, toxicology, laboratory evidence, and other forensic evidence.

Dax Garvin brings another perspective to the defense team as a former law enforcement officer. Before focusing on criminal defense, Garvin served as a deputy sheriff, giving him firsthand experience with police investigations, arrests, and law enforcement procedures.

Our Austin attorneys are backed by a larger defense team that includes former prosecutors, former judges, former law enforcement officers, Board Certified Criminal Law specialists, and attorneys with advanced forensic training.

What is Considered a Felony in Texas?

Texas criminal offenses are generally divided into misdemeanors and felonies, with felonies carrying the more severe punishment ranges.

Texas recognizes several major felony classifications:

State jail felonies
Third-degree felonies
Second-degree felonies
First-degree felonies
Capital felonies

How an offense is classified will determine the potential prison sentence and fine, but the actual consequences of a felony case depend on much more than the basic charge. Prior convictions, aggravating circumstances, the alleged use of a weapon, the identity or status of an alleged victim, and other statutory enhancement provisions can substantially affect the punishment range.

Capital felonies are the most serious classification and can carry life in prison or, when legally authorized, the death penalty.

Examples of Felony Offenses in Texas

Texas law includes hundreds of felony offenses. Charges frequently prosecuted as felonies can include:

Aggravated assault: Assault can become aggravated assault when the allegations involve serious bodily injury or the use or exhibition of a deadly weapon. Depending on the circumstances, aggravated assault may be prosecuted as a first- or second-degree felony. (Texas Penal Code § 22.02)
Assault with a deadly weapon: Allegations that someone used or exhibited a deadly weapon during an assault can substantially increase the seriousness of the case and potential punishment. (Texas Penal Code § 22.02)
Burglary: Burglary charges can involve entering a building or habitation without effective consent with the intent required under Texas law. The felony classification depends on factors including the type of property involved and the offense allegedly intended or committed. (Texas Penal Code § 30.02)
Drug offenses: Possession, manufacture, and delivery of controlled substances can be prosecuted as felonies depending on the drug, penalty group, amount, and alleged conduct. (Texas Health and Safety Code §§ 481.112–481.118)
Evading arrest or detention: Evading arrest can become a felony under certain circumstances, including cases involving a vehicle or particular criminal histories. (Texas Penal Code § 38.04)
Unlawful possession of a firearm: Texas law restricts firearm possession by certain people with prior felony convictions and under other specified circumstances. (Texas Penal Code § 46.04)
Injury to a child: Allegations involving intentionally, knowingly, recklessly, or with criminal negligence causing certain injuries to a child can result in serious felony charges. (Texas Penal Code § 22.04)
Felony DWI: Although a first or second DWI is generally a misdemeanor in Texas, a DWI can be prosecuted as a felony under several circumstances. A DWI can generally be charged as a third-degree felony when the defendant has two qualifying prior intoxication-related convictions. Driving while intoxicated with a passenger younger than 15 is a state jail felony; and, under a law effective September 1, 2025, DWI while operating a motor vehicle in an active school crossing zone is a state jail felony. Certain prior intoxication manslaughter convictions can also elevate a subsequent qualifying intoxication offense to a third-degree felony. (Texas Penal Code §§ 49.04(e), 49.045, 49.09)
Intoxication assault: Intoxication assault is generally a third-degree felony and can be charged when a person, by accident or mistake, causes serious bodily injury to another by reason of intoxication while operating a motor vehicle in a public place. Certain circumstances can increase the punishment. (Texas Penal Code Chapter 49, §§ 49.07, 49.09)
Intoxication manslaughter: Intoxication manslaughter generally involves allegations that a person operated a motor vehicle in a public place while intoxicated and, by reason of that intoxication, caused another person's death by accident or mistake. The offense is generally a second-degree felony, although certain circumstances can increase the punishment. (Texas Penal Code §§ 49.08, 49.09)
Sexual assault and aggravated sexual assault: Sexual offenses can carry substantial prison exposure and may also trigger sex-offender registration and other long-term consequences. (Texas Penal Code §§ 22.011, 22.021)
Stalking: Stalking allegations may arise from repeated conduct that prosecutors claim meets the statutory requirements for the offense. These cases sometimes overlap with family or dating-violence allegations. (Texas Penal Code § 42.072)
Murder: Murder is generally a first-degree felony in Texas and can carry five to 99 years or life in prison. Certain murder allegations may be prosecuted as capital murder, which carries substantially different punishment provisions. (Texas Penal Code §§ 19.02, 19.03)

Other felony allegations can include:

Arson
Kidnapping
Robbery
Theft and fraud
Certain weapons offenses

But the charge name alone won't determine how a case will end. The prosecution must be able to prove the required elements of the specific offense, and an experienced defense attorney can assess whether the evidence supports those elements.

Felony Punishment Ranges in Texas

A felony conviction can result in incarceration, substantial fines, probation or community supervision when legally available, and other court-ordered conditions. The basic punishment ranges depend on the felony classification.

State jail felony: Generally punishable by 180 days to two years in a state jail and a fine of up to $10,000. (Texas Penal Code § 12.35)
Third-degree felony: Generally punishable by two to 10 years in prison and a fine of up to $10,000. (Texas Penal Code § 12.34)
Second-degree felony: Generally punishable by two to 20 years in prison and a fine of up to $10,000. (Texas Penal Code § 12.33)
First-degree felony: Generally punishable by five to 99 years or life in prison and a fine of up to $10,000. (Texas Penal Code § 12.32)
Capital felony: A capital felony may be punishable by death, life imprisonment without parole, or, in certain circumstances, life imprisonment. (Texas Penal Code § 12.31)

Possible enhancements: The punishment range may increase when prosecutors can establish qualifying prior convictions or when another statutory enhancement applies. Because enhancement rules can be complicated, the punishment range shown for the underlying offense may not necessarily be the punishment range a particular defendant ultimately faces.

Austin Habitual and Repeat Felony Offenders

Prior felony convictions can dramatically increase the potential punishment in a new Texas felony case. Texas Penal Code § 12.42 contains enhancement provisions that can apply to repeat and habitual offenders. Which enhancement applies depends on several factors, including the classification of the current charge, the type of prior conviction, and the sequence and finality of previous convictions.

Depending on the circumstances:

A qualifying prior felony conviction can increase the punishment range for a new felony.
Some defendants charged with a third-degree felony may face the punishment range applicable to a second-degree felony.
Some defendants charged with a second-degree felony may face the punishment range applicable to a first-degree felony.
A person charged with a first-degree felony who has a qualifying prior felony conviction may face an increased minimum prison term.
Multiple qualifying prior felony convictions can expose a defendant to substantially enhanced punishment, potentially including a range of 25 to 99 years or, in certain cases, life in prison.

Enhancement allegations cannot simply be accepted at face value. An experienced defense attorney should examine whether a prior conviction legally qualifies for enhancement, whether the prosecution can prove it, and whether it has satisfied all statutory requirements.

Felony Cases in Travis County

Travis County has nine Criminal District Courts that handle felony cases: the 147th, 167th, 299th, 331st, 390th, 403rd, 427th, 450th, and 460th District Courts. Travis County also has a Magistrate Court that performs judicial functions on behalf of the district judges and handles certain specialized proceedings. These criminal courts are located at the Blackwell-Thurman Criminal Justice Center, 509 W. 11th Street in downtown Austin.

Travis County generally assigns felony cases a cause number beginning with “D-1-DC” and assigns them to one of the county's criminal district courts. Depending on the stage of the case, proceedings may include magistration, grand jury review, pretrial hearings, plea negotiations, motions hearings, and trial. The exact process and timeline depend on the charge and the case circumstances.

Felony Case Results in Travis County

Case 1: Family violence assault involving strangulation

Charge: Felony assault family violence involving alleged strangulation
Outcome: Dismissed
Time to resolution: Approximately six weeks

The case arose from an argument between two people who had been drinking. The confrontation became physical, and both parties alleged that the other had strangled them. Police identified the client as the primary aggressor. The defense focused on conflicting allegations, evidence suggesting both parties participated in the physical confrontation, and questions about whether the client was actually the primary aggressor.

Result: The felony charge was dismissed approximately six weeks after the case opened.

Case 2: Aggravated assault with a deadly weapon

Charge: Felony aggravated assault with a deadly weapon
Outcome: Reduced to misdemeanor assault with deferred probation
Time to resolution: Approximately 20 months

The case arose from an alleged road-rage incident in which another driver claimed the client displayed a firearm. The client denied ever displaying the weapon, leaving significant disagreement between the two accounts. After extended negotiations, the felony aggravated assault charge was reduced to a Class A misdemeanor, with deferred probation and an anger-management requirement.

Result: The felony aggravated assault charge was reduced to a Class A misdemeanor assault, and the case was resolved with deferred probation.

Case 3: Family violence assault involving strangulation

Charge: Felony assault family violence involving alleged strangulation
Outcome: Deferred probation
Time to resolution: Approximately 16 months

The case involved a felony family violence assault allegation involving strangulation. The defense engaged in extended negotiations with prosecutors over the proposed resolution, including the length and conditions of deferred probation and community service.

Result: The felony case was resolved with deferred probation.

Note: These examples illustrate prior case outcomes. Every case is different, and past results do not guarantee or predict the outcome of another case.

Felony Defense Lawyer Serving Austin, TX

Michael & Associates Criminal Defense Attorneys represents clients facing felony investigations and charges throughout Austin and Travis County. Our attorneys examine police reports, video footage, witness statements, forensic and digital evidence, search warrants, and other evidence relevant to the allegations.

Depending on the case, we may also be able to challenge an unlawful search or seizure, question weaknesses in witness testimony or forensic evidence, or explore whether prosecutors can prove every element of the offense. We also evaluate whether the evidence supports dismissal or a reduction to a lesser charge. Our No. 1 priority is to do whatever it takes to get you the best possible outcome.

Our attorneys understand the Travis County felony court system and are backed by a larger defense team with extensive courtroom, prosecution, law enforcement, and forensic experience.

If you have been arrested, indicted, or learned that you are under investigation for a felony in Austin or Travis County, contact Michael & Associates for a free consultation.