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A second-degree felony in Texas is punishable by 2 to 20 years in prison and a fine of up to $10,000, under Texas Penal Code § 12.33. It is the second-most-serious felony level — less severe than a first-degree felony (5–99 years or life) but more serious than a third-degree felony (2–10 years). Common second-degree felonies in Texas include aggravated assault, manslaughter, intoxication manslaughter, sexual assault, robbery, possession of 4–200 grams of certain controlled substances, and arson.
A second-degree felony is one of five felony classifications in the Texas Penal Code, sitting between first-degree felonies (the most serious) and third-degree felonies. The classification determines the punishment range — not the type of conduct. A single offense can be charged at different felony levels depending on aggravating factors such as the use of a deadly weapon, the victim’s status, or the value of property involved.
For example, aggravated assault is generally a second-degree felony under Texas Penal Code § 22.02, but it becomes a first-degree felony when committed against a public servant, security officer, or family member with a deadly weapon. The same underlying conduct — charged differently — can mean the difference between a 2–20-year range and a 5–99-year range.
“When you hire this firm, you get a named attorney from intake through resolution. The lawyer who explains your case at signing is the lawyer who appears at every setting. We do not hand cases off to whoever is at docket call.”
David D. White
Austin Criminal Defense Lawyer
Texas Penal Code § 12.33 sets the punishment range for a second-degree felony at 2 to 20 years in the Texas Department of Criminal Justice and a fine of up to $10,000. The actual sentence within that range depends on the facts of the case, the defendant’s criminal history, plea negotiations, and the judge’s or jury’s discretion.
A second-degree felony conviction also carries collateral consequences beyond prison and fine: loss of voting rights while incarcerated, loss of firearm rights, employment background-check disqualification for many licensed professions, and immigration consequences for non-citizens. Probation or deferred adjudication may avoid the prison sentence but does not automatically restore all of these rights.
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Texas categorizes the following offenses as second-degree felonies (representative list, not exhaustive):
If you’ve been charged with any of these offenses — including aggravated assault, sexual assault, or drug possession in the 4–200g range — the punishment range is the same, but the defense strategy depends on the specific statute and facts.
Yes, in some cases. A second-degree felony charge can be reduced through plea negotiation to a third-degree felony (2–10 years) or a state jail felony (180 days to 2 years), or — in rare circumstances — dismissed outright. Reduction depends on the strength of the State’s evidence, the defendant’s criminal history, the victim’s wishes, and the specific facts of the case.
Defense counsel may also pursue deferred adjudication, which is not a conviction if successfully completed and may permit non-disclosure (sealing) of the case from public background checks after a waiting period. The third-degree felony tier is the typical reduction target when the original second-degree charge is supported but the facts argue against the higher range.
Probation is generally available for a second-degree felony if the defendant has no prior felony conviction and the offense does not involve a deadly-weapon finding or carry a statutory probation bar. Eligibility is governed by Texas Code of Criminal Procedure Article 42A.054 and related sections, which list specific offenses ineligible for judge-ordered probation.
For eligible cases, a judge may order probation (community supervision) with conditions including reporting requirements, substance-abuse evaluation, employment, no-contact orders, and community service. Deferred adjudication is also available for most second-degree felonies; it is not a conviction if successfully completed, but the State retains the right to adjudicate guilt if the defendant violates the conditions during the supervision period.
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A second-degree felony charge in Texas is a serious matter that warrants experienced criminal defense counsel. The early stages of a case — arrest, magistration, bond, grand jury — shape the trajectory of the defense, and decisions made before counsel is retained can be difficult to reverse later.
The Law Office of David D. White, PLLC has practiced criminal defense exclusively since 2004 across ten Texas counties — Travis, Williamson, Hays, Bell, Caldwell, Bastrop, Burnet, Coryell, Lee, and Milam. Our team has defended second-degree felony cases across the felony spectrum: aggravated assault, sexual assault, drug possession in the 4–200g range, robbery, intoxication manslaughter, and others. If you’ve been charged or are under investigation, contact us for a consultation.
David D. White founded the Law Office of David D. White, PLLC and has practiced criminal defense exclusively since 2004. The firm represents clients across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop counties. Three attorneys handle each case as a team — weekly case reviews and shared Clio notes — and by the first consultation, the firm has obtained the Probable Cause Affidavit, read it, and identified the state’s evidentiary weak points.
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This page was written and reviewed by the attorneys at the Law Office of David D. White, PLLC, following our editorial guidelines. The firm has practiced criminal defense exclusively since 2004 across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop County courts. The firm’s three attorneys — David White (managing attorney, practicing criminal defense exclusively since 2004), Kenneth Hines (associate, practicing Caldwell County courts since 2008; former General Counsel to the Texas Senate Jurisprudence Committee, 2010–2012), and Taylor Kacir (associate; former Senior Misdemeanor County Attorney, Bell County Attorney’s Office) — work each case as a team via weekly case reviews and shared Clio notes.
608 West 12th Street, Suite B Austin, TX 78701
706 Rock St, Georgetown, TX 78626
512-369-3737
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