What is a Felony of the Second Degree?

Texas criminal charges can be severe, especially those involving violent acts or significant property damage. A second-degree felony is a serious charge in Texas law and may carry severe punishments, including long prison sentences and heavy fines. The Law Office of David D. White, PLLC, offers experienced legal defense for those in Austin, TX, facing second-degree felony charges.

What is considered a second-degree felony in Texas?

A second-degree felony is a class of crime under Texas law that is serious enough, yet not as serious as those contained within first-degree felonies. It may include acts of violence, large-scale theft, or certain drug-related activities. The Texas Penal Code hands down considerable penalties for second-degree felonies, placing noteworthy prison time and large fines on convicted offenders.

One of many, second-degree felonies is defined and controlled by Section 12.33 of the Texas Penal Code, which fixes the punishment range for those convicted of second-degree felonies. Even within this range, the particular circumstances associated with the alleged crime will make the sentence either increased or decreased.

What Are Examples of a Second-Degree Felony in Texas

There are numerous crimes throughout Texas that can be considered a second-degree felony. These can include violent in nature, fraud, amongst other high-stakes unlawful acts. Some common examples of second-degree felonies are as follows:

• Manslaughter– Causing the death of another human being through recklessness
• Aggravated assault with serious bodily injury
• Sexual Assault– certain forms of non-consensual sexual activity
• Intoxication Manslaughter
• Possession of certain controlled substances in large quantities
• Arson with substantial damage but without actual loss of life

Most of the classifying of crimes as a second-degree felony is based on factors such as intention, criminal history, and absence or presence of injury to a victim.

What Are the Penalties for a Second-Degree Felony?

The penalties for a second-degree felony are severe, reflecting the seriousness of the offense. Convictions for these crimes may result in:

• Prison time: A sentence ranging from 2 to 20 years in the Texas Department of Criminal Justice.
• Fines: Up to $10,000 in financial penalties.

In addition to these immediate consequences, a conviction can have long-term effects on an individual’s personal and professional life, including difficulty finding employment, housing restrictions, and the loss of certain civil rights.

The Texas Penal Code, Section 12.33, governs these penalties, and judges may consider aggravating or mitigating factors when determining a sentence. 

How Can a Second Degree Felony Be Enhanced to a First Degree Felony?

Under certain circumstances, second-degree felonies may be enhanced to first-degree felonies. Enhancements typically occur when aggravating factors are present, such as the use of a deadly weapon, involvement of a minor, or prior felony convictions.

For example, a charge of aggravated assault, usually a second-degree felony, may be enhanced to a first-degree felony if it involves the use of a firearm during the commission of the crime. Habitual offenders with multiple prior felony convictions may also face upgraded charges or enhanced sentencing. Legal representation is critical in these cases to prevent unjust or excessive penalties.

What Are Texas’s Habitual Offender Laws?

Texas law imposes harsher penalties on habitual and repeat offenders, including those convicted of second-degree felonies. Under the state’s “three-strikes” rule, individuals with multiple prior felony convictions may face significantly enhanced sentences for new offenses.

For instance, a second-degree felony may be elevated to a first-degree felony if the individual has been convicted of a previous felony. Additionally, under Section 12.42 of the Texas Penal Code, habitual offenders may face mandatory minimum sentences and reduced opportunities for parole. 

Can Hate Crimes Enhance a Second Degree Felony in Texas?

Second-degree felonies may also be enhanced if the offense is classified as a hate crime. Under the Texas Hate Crimes Act, crimes motivated by bias or prejudice, such as those targeting a person’s race, religion, sexual orientation, or disability, may result in increased penalties.

For example, a second-degree felony could be reclassified as a first-degree felony if it is proven that the crime was motivated by hatred or bias. Prosecutors bear the burden of proving intent, and these cases often involve complex legal arguments and significant evidence.

What Are the Different Types of Felonies in Texas?

Felonies in Texas are classified into five distinct categories: capital felonies, first-degree felonies, second-degree felonies, third-degree felonies, and state jail felonies. Each category carries different penalties and reflects the seriousness of the offense.

• Capital felonies: The most serious crimes, such as capital murder, may result in the death penalty or life imprisonment without parole.
• First-degree felonies: These include aggravated robbery and murder and carry penalties of 5 to 99 years in prison.
• Third-degree felonies: Examples include certain drug-related offenses or assault of a public servant, with penalties ranging from 2 to 10 years in prison.
• State jail felonies: These lesser felonies, such as theft of property worth $2,500 to $30,000, result in 180 days to 2 years in a state jail facility.

How Can a Lawyer Help with a Second Degree Felony in Austin, Texas?

Facing a second-degree felony charge in Austin, TX, can have life-altering consequences. With skilled legal representation, you may be able to reduce charges, negotiate a plea deal, or pursue alternative sentencing. At The Law Office of David D. White, PLLC, we have extensive experience defending felony cases and are dedicated to protecting your rights and securing the best possible outcome.

“When you hire me, you get me. Not my admin, not my associates. I’ll meet, talk, text, and work with you directly to get you the best possible outcome in your case.”

David D. White

Austin Criminal Defense Lawyer

Contact Us Today for a Free Consultation

If you or a loved one is facing a second-degree felony charge, don’t wait to seek help. Contact The Law Office of David D. White, PLLC at (512)-369-3737 or visit our offices at 608 W 12th St Ste B, Austin, TX 78701. We are ready to provide the guidance and representation you need to navigate the Texas criminal justice system.

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