What degrees are there for a felony and what constitutes them?

Full Question:

What degrees are there for a felony and what constitutes them?
12/09/2007   |   Category: Criminal   |   State: Texas   |   #13604

Answer:

The following are Texas statutes:

§ 12.04 PENAL. Classification of Felonies

(a) Felonies are classified according to the relative seriousness of
the offense into five categories:

(1) capital felonies;


(2) felonies of the first degree;


(3) felonies of the second degree;


(4) felonies of the third degree; and


(5) state jail felonies.

(b) An offense designated a felony in this code without specification
as to category is a state jail felony.

§ 12.31 PENAL. Capital Felony

(a) An individual adjudged guilty of a capital felony in a case in
which the state seeks the death penalty shall be punished by imprisonment
in the institutional division for life without parole or by death. An
individual adjudged guilty of a capital felony in a case in which the
state does not seek the death penalty shall be punished by imprisonment
in the institutional division for life without parole.

(b) In a capital felony trial in which the state seeks the death
penalty, prospective jurors shall be informed that a sentence of life
imprisonment without parole or death is mandatory on conviction of a
capital felony. In a capital felony trial in which the state does not
seek the death penalty, prospective jurors shall be informed that the
state is not seeking the death penalty and that a sentence of life
imprisonment without parole is mandatory on conviction of the capital
felony.

§ 12.32 PENAL. First Degree Felony Punishment

(a) An individual adjudged guilty of a felony of the first degree shall
be punished by imprisonment in the institutional division 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.

§ 12.33 PENAL. Second Degree Felony Punishment

(a) An individual adjudged guilty of a felony of the second degree
shall be punished by imprisonment in the institutional division for any
term of not more than 20 years or less than 2 years.

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

§ 12.34 PENAL. Third Degree Felony Punishment

(a) An individual adjudged guilty of a felony of the third degree shall
be punished by imprisonment in the institutional division for any term of
not more than 10 years or less than 2 years.

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

§ 12.35 PENAL. State Jail Felony Punishment

(a) Except as provided by Subsection (c), an individual adjudged guilty
of a state jail felony shall be punished by confinement in a state jail
for any term of not more than two years or less than 180 days.

(b) In addition to confinement, an individual adjudged guilty of a
state jail felony may be punished by a fine not to exceed $10,000.

(c) An individual adjudged guilty of a state jail felony shall be
punished for a third degree felony if it is shown on the trial of the
offense that:

(1) a deadly weapon as defined by Section 1.07 was used or exhibited
during the commission of the offense or during immediate flight following
the commission of the offense, and that the individual used or exhibited
the deadly weapon or was a party to the offense and knew that a deadly
weapon would be used or exhibited; or

(2) the individual has previously been finally convicted of any felony:

(A) under Section 21.02 or listed in Section 3g(a)(1), Article
42.12, Code of Criminal Procedure; or

(B) for which the judgment contains an affirmative finding under
Section 3g(a)(2), Article 42.12, Code of Criminal Procedure.

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