First Degree Felony in Texas — What You Are Actually Facing

A first degree felony is the most serious charge in the Texas state court system outside of capital murder. The punishment range is 5 to 99 years or life in prison and a fine up to $10,000. If you or someone you know is facing a first degree felony charge in Travis or Williamson County, the decisions made in the first days after arrest shape everything that follows.

Call (512) 369-3737 immediately. Attorneys answer after hours.

What David White Says

I regularly get calls from people who have inexplicably allowed a prior attorney to convince them to accept deferred adjudication on a first degree felony. I understand why it sounds appealing — deferred adjudication avoids an immediate conviction. But what those attorneys are not explaining clearly enough is what happens if a motion to adjudicate is filed while that person is on deferred probation.

If a motion to revoke arises on a first degree felony deferred adjudication, the judge has the ability to sentence that person to 99 years in prison. There is no cap. The entire punishment range opens back up.

Compare that to straight probation, which does carry a conviction on the record — but upon revocation, the maximum sentence the judge can impose is 10 years. That is the difference between a manageable worst case and a catastrophic one.

I am not saying deferred adjudication is never appropriate on a first degree felony. But every client facing that decision needs to understand exactly what they are agreeing to before they sign anything. The difference between deferred and straight probation on a first degree felony is not a technicality. It is potentially 89 years of someone’s life.

What a First Degree Felony Means in Texas

Punishment range:

• 5 to 99 years or life in the Texas Department of Criminal Justice
• Fine up to $10,000
• Felony conviction on permanent record
• Loss of voting rights while incarcerated
• Loss of firearms rights
• Potential deportation consequences for non-citizens

Common first degree felony charges in Texas:

• Aggravated sexual assault
• Aggravated robbery
• Murder
• Possession of a controlled substance — Penalty Group 1, 200 to 400 grams
• Delivery of a controlled substance — Penalty Group 1, 4 to 200 grams
• Injury to a child causing serious bodily injury
• Human trafficking

The Deferred Adjudication Trap on First Degree Felonies

This is the most important thing to understand before accepting any plea offer on a first degree felony.

Deferred adjudication is a form of probation that does not result in an immediate conviction. Complete the probation successfully and the case is dismissed. It sounds like the better option — and on lower-level charges it often is.

On a first degree felony it is a different calculation entirely.

If the state files a motion to adjudicate — meaning they allege a probation violation — and the judge grants it, the entire punishment range reopens. The judge can sentence anywhere from 5 years to 99 years or life. There is no cap tied to what the original plea agreement contemplated.

Straight probation on a first degree felony does carry a conviction on the record from day one. But if probation is revoked, the judge’s sentencing authority is capped at 10 years — not 99.

The question every client has to answer before accepting deferred adjudication on a first degree felony is this: how confident am I that I can complete every condition of probation without a violation for the full term? If the answer is anything less than certain, the exposure under deferred may be worse than the exposure under a straight probation with a conviction.

This is a conversation that has to happen before anything is signed. If your current attorney has not had it with you, call us.

How First Degree Felony Cases Get Resolved

Dismissal. The best outcome. In drug cases, suppression of the evidence ends the case. In violent crime cases, alibi evidence, GPS data, and witness credibility problems create paths to dismissal. This firm obtained dismissal of a first degree aggravated robbery charge in Travis County after GPS data proved the client was not at the location of the crime.

Reduction to a lower felony. A first degree felony reduced to a second degree felony cuts the minimum sentence from 5 years to 2 years and the maximum from 99 years to 20 years. That reduction changes the entire negotiating position and the risk calculus at trial.

Probation. Both deferred adjudication and straight probation are available for most first degree felony charges in Texas — with the critical distinctions described above. The right choice depends entirely on the facts of the case and the client’s specific circumstances.

Trial. First degree felony cases go to trial. When the evidence has real problems — a Fourth Amendment violation, a credibility issue with the complaining witness, chain of custody failures — trial is sometimes the strongest option. This firm obtained a dismissal of a first degree drug charge in Travis County’s 450th District Court in 2025 after a suppression hearing.

First Degree Felony Defense in Travis and Williamson County

First degree felony cases in Travis County are heard in the district courts at the Blackwell-Thurman Criminal Justice Center. Williamson County first degree felonies are heard in the district courts in Georgetown — where Taylor Kacir is in the firm’s office daily.

The Law Office of David D. White, PLLC has handled first degree felony cases in Travis, Williamson, Hays, and surrounding counties for 22 years. David White has never prosecuted a case. Call (512) 369-3737 any time.

Free consultation. Flat-rate fees. No obligation.