Second Degree Felony in Texas — Charges, Consequences, and Defense

A second degree felony in Texas carries a punishment range of 2 to 20 years in the Texas Department of Criminal Justice and a fine up to $10,000. It is a serious felony charge — serious enough that a conviction carries permanent consequences including loss of civil rights, firearm rights, and in some cases, immigration status. But it is not the top of the Texas felony ladder, and that distinction matters for how cases get resolved.

If you are facing a second degree felony charge in Travis, Williamson, or a surrounding county, call (512) 369-3737 now. We answer after hours.

What David White Says

Second degree felonies are where I see some of the most consequential decisions get made — and some of the worst mistakes. The mistake I see most often is clients accepting plea offers without first pushing hard on the evidence.

In suppression motions, we challenge whether the stop, the search, or the seizure was lawful. In violent crime cases, we investigate whether the complaining witness account holds together. In drug cases, we look at the chain of custody and lab analysis. In every case, we look at whether the State can actually prove what they charged.

The difference between a resolved case and a trial is usually how much pressure is applied early. Prosecutors move on cases where defense counsel has done the work. They dig in on cases where no one has challenged anything.

My Georgetown office handles Williamson County cases. My Austin office handles Travis County and surrounding counties. We have been doing this for over two decades.

What Is a Second Degree Felony in Texas

Under Texas Penal Code, a second degree felony is punishable by:

• 2 to 20 years in the Texas Department of Criminal Justice (TDCJ)
• Fine up to $10,000
• Permanent felony conviction on the record
• Loss of voting rights while incarcerated
• Loss of firearms rights
• Potential immigration consequences for non-citizens

Probation is available for second degree felonies, both straight probation and deferred adjudication. Whether probation is on the table depends on the specific charge, the facts, and the defendant’s prior record.

Common Second Degree Felony Charges in Texas

The following offenses are classified as second degree felonies under Texas law:

• Aggravated assault with a deadly weapon (without serious bodily injury)
• Robbery
• Sexual assault (non-aggravated)
• Manslaughter
• Possession of a controlled substance — Penalty Group 1, 4 to 200 grams
• Delivery of a controlled substance — Penalty Group 1, less than 1 gram (with prior conviction)
• Burglary of a habitation
• Money laundering over $150,000
• Arson of a building
• Intoxication assault causing serious bodily injury

Some charges that begin as second degree felonies can be enhanced to first degree felony based on facts, prior convictions, or use of a weapon. And some third degree felonies can be enhanced to second degree. The level of the charge matters because it sets the punishment range the judge or jury is working with at sentencing.

How Second Degree Felony Cases Get Resolved

Dismissal. The best result. It happens when the evidence is weak, when a suppression motion knocks out the key evidence, or when witness problems make prosecution impossible. We pursue dismissal in every case where the facts support it.

Reduction to a lesser charge. A second degree felony can sometimes be reduced to a third degree felony or a state jail felony through negotiation. This changes the punishment range and affects probation eligibility. Charge reductions are not automatic — they require leverage, and leverage comes from building a real defense.

Deferred adjudication probation. On a second degree felony, deferred adjudication avoids an immediate conviction. If completed successfully, the person can petition for nondisclosure — which seals the record from most public searches but does not expunge it. If the deferred is revoked, the judge has authority to sentence anywhere in the full 2 to 20 year range.

Straight probation with conviction. A conviction with community supervision. If probation is revoked, the cap on what the judge can impose is tied to the original sentence assessed. The trade-off is a permanent conviction on the record, but the worst-case sentence on revocation is more predictable than under deferred adjudication.

Plea to TDCJ. In cases where probation is not available or the offer is otherwise acceptable, some clients choose to enter a plea and serve time. Parole eligibility on a second degree felony generally begins after one-quarter of the sentence is served.

Trial. When the State cannot prove its case beyond a reasonable doubt — or when the consequences of a conviction are too severe to accept — we try the case. Jury trials in Travis and Williamson County are different environments with different tendencies. Knowing those environments matters.

Second Degree Felony Defense in Travis and Williamson County

David White has defended second degree felony cases in Travis, Williamson, Hays, and surrounding counties for over 22 years. He has never prosecuted a case — his entire career has been on the defense side.

Our Georgetown office is located in Williamson County and handles cases throughout that jurisdiction. Our Austin office covers Travis County, Hays County, and surrounding counties.

We handle drug cases, violent crime, assault, robbery, and other second degree felony charges. In drug cases, we look at whether the search was lawful, whether the substance was properly tested, and whether the weight attributed to the client is accurate. In violent crime cases, we investigate the complaining witness, review any recorded statements, and challenge the State’s narrative.

Call (512) 369-3737. Free consultation. Flat-rate fees. No obligation.