There is no doubt that a felony charge is far more serious than any misdemeanor. Anybody who has been charged with a felony offense has to know that they will be facing the possibility of a much longer prison sentence and much bigger fines if convicted.

The immediate consequences are only one part of the reason that people need to take felony charges seriously, as convictions can also create long-lasting criminal records that can cause problems for people well beyond their time in prison. You owe it to yourself to try and fight to get these criminal charges reduced or dismissed in some way.

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Felony Charges Defense Lawyer in Fort Worth, Arlington, Grapevine, Keller, Southlake, TX

Were you arrested for a felony offense in Tarrant County? You cannot afford to wait in seeking legal help. Make sure that you get yourself a criminal defense lawyer as soon as possible in your case. 

The Law Offices of Richard C. McConathy handles a wide variety of criminal cases, including many different felony charges in Texas. You can have us discuss everything about your case with you when you call (817) 422-5350 or contact our firm online to schedule a consultation.

Types of Felony Charges in Texas

Examples of common felony charges in Fort Worth can include:

  • Drug Charges — An individual can be charged with possession of a controlled substance (POCS) under Texas Health and Safety Code §§ 481.115-481.118 if they knowingly or intentionally possess a controlled substance without prescription from an individual license to practice medicine in the state. As defined in Texas Health and Safety Code §§ 481.112-481.114, an individual can be charged with possession of drugs with the intent to distribute if they knowingly possess any controlled substance listed in Penalty Groups I through IV with the intent to intent to a deliver or distribute the substance. According to Texas Health and Safety Code §§ 481.112-481.114, an individual can be charged with drug manufacturing if they knowingly manufacture a controlled substance listed in Penalty Groups I through IV. An individual can be charged with drug trafficking, according to the Texas Health and Safety Code §§ 481.112–481.114, if they knowingly traffic a substance classified in Penalty Groups I through IV. Depending on the amount possessed and types of drugs involved, all of these crimes are generally felony offenses.
  • Felony DWI — Certain repeat DWI offenses, DWI with a child passenger, intoxication assault, and intoxication manslaughter are all felony DWI offenses people can be charged with.
  • Intoxication Assault — Under Texas Penal Code § 49.07, a person commits an offense if the person, by accident or mistake while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another;  or as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another. This is a third-degree felony.
  • Intoxication Manslaughter — Texas Penal Code § 49.08 establishes that a person commits an offense if the person operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride;  and is intoxicated and by reason of that intoxication causes the death of another by accident or mistake. This is a second-degree felony.
  • Felony Marijuana Possession — Possession of more than four ounces of marijuana in Texas is a third-degree felony. An individual charged with possession of marijuana in an amount of 2,000 pounds or less but more than 50 pounds can be convicted of a second-degree felony and an individual charged with possession of marijuana in an amount of more than 2,000 pounds can be convicted of a first-degree felony.
  • Retail Theft — An individual can be convicted of a state jail felony if the value of the allegedly stolen property is $1,500 or more but less than $20,000, an individual can be convicted of a third-degree felony if the value of the allegedly stolen property is $20,000 or more but less than $100,000, an individual can be convicted of a second-degree felony if the value of the allegedly stolen property is $100,000 or more but less than $200,000, and an individual can be convicted of a first-degree felony if the value of the allegedly stolen property is $200,000 or more. 
  • Burglary — Criminal charges for burglary can result in a state jail felony conviction if the offense was committed in any other building besides a home. Criminal charges for burglary can result in a second-degree felony conviction if the offense was committed in a home or habitation. Criminal charges for burglary can result in a first-degree felony conviction if the offense was committed in a home or habitation and the alleged offender entered the home or habitation with the intent to commit, committed, or attempted to commit any other felony besides felony theft. 
  • Aggravated Assault — Under Texas Penal Code § 22.02, a person commits an offense if the person commits assault as defined in Texas Penal Code § 22.01 and the person causes serious bodily injury to another, including the person’s spouse; or uses or exhibits a deadly weapon during the commission of the assault. An offense is a second-degree felony, except that the offense is a first-degree felony if: the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: by a public servant acting under color of the servant’s office or employment; against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; or against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; is reckless as to whether the habitation, building, or vehicle is occupied; and in discharging the firearm, causes serious bodily injury to any person.
  • Sex Crimes — A fourth or subsequent prostitution offense is punishable as a state jail felony. Sexual assault is a second-degree felony while aggravated sexual assault is a first-degree felony. Indecency with a child can be a third-degree felony although the offense is a second-degree felony if the alleged offender engaged in sexual contact with a child. Child pornography can also be a third-degree felony or second-degree felony.
  • Child Abuse — Child abuse offenses are punishable as a first-degree felony if the alleged offender acted intentionally or knowingly and caused serious bodily injury or serious mental injury. Child abuse offenses are punishable as a second-degree felony if the alleged offender acted recklessly and caused serious bodily injury or serious mental injury. Child abuse offenses are punishable as a third-degree felony if the alleged offender acted intentionally or knowingly and caused bodily injury. Child abuse offenses are punishable as a state jail felony if the alleged offender acted recklessly and caused bodily injury. Child abuse offenses are punishable as a state jail felony if the alleged offender acted with criminal negligence. 
  • Family Violence — Domestic assault, aggravated domestic assault, violations of protective orders, stalking, and child abuse can all be felony offenses.
  • White Collar Crimes — Insurance fraud, credit card fraud, and identity theft are all examples of white-collar crimes that can be felony offenses depending on the amounts involved in the alleged offenses.  

Felony Charges Penalties in Tarrant County

Felony offenses are generally punishable as follows in Texas:

  • State Jail Felony — According to Tex. Penal Code § 12.35, an individual who is convicted of a state jail felony offense can face a jail sentence ranging from 180 days to two years and/or a fine of not more than $10,000. This degree of felony is punishable as a hybrid between a felony offense and a misdemeanor offense, as a convicted offender will face jail time, as opposed to prison time.
  • Third-Degree Felony — According to Tex. Penal Code § 12.34, an individual who is convicted of a third-degree felony offense can face a prison sentence ranging from two to ten years and/or a fine up to $10,000.
  • Second-Degree Felony — According to Tex. Penal Code § 12.33, an individual who is convicted of a second-degree felony offense can face a prison sentence ranging from two to 20 years and/or a fine not exceeding $10,000.
  • First-Degree Felony — According to Tex. Penal Code § 12.32, an individual who is convicted of a first-degree offense can face a prison sentence ranging from five to 99 years or life imprisonment and/or a fine of not more than $10,000.
  • Capital Felony — According to Tex. Penal Code § 12.31, an individual who is convicted of a capital felony offense in which the state seeks the death penalty can face life imprisonment without parole or be sentenced to death. If the state does not seek the death penalty, the individual can face life imprisonment with possible parole or life imprisonment without parole.
 

Although Texas law classifies felony offenses in varying degrees, even the lowest level felony offense can result in severe punishments. Therefore, it is important to hire an experienced criminal defense attorney to represent you in all matters pertaining to your criminal case, and to help you identify your best legal strategy.

According to Texas Penal Code § 12.42, repeat and habitual felony offenders can face additional penalties and consequences. A repeat or habitual felony offender includes anyone who has previously been convicted of at least one felony offense. A repeat or habitual felony offender may be subjected to any of the following increased penalties:

An individual who is currently charged with a state jail felony offense that has previously been convicted of two state jail felony offenses will instead be convicted of a felony of the third degree, which can result in a prison sentence ranging from two to ten years and/or a fine up to $10,000.

  • An individual who is currently charged with a third-degree felony offense that has previously been convicted of a felony offense will instead be convicted of a felony of the second degree, which can result in a prison sentence ranging from two to 20 years and/or a fine up to $10,000.
  • An individual who is currently charged with a second-degree felony offense that has previously been convicted of a felony offense will instead be convicted of a felony of the first degree, which can result in a prison sentence ranging from five to 99 years or life imprisonment and/or a fine up to $10,000.
  • An individual who is currently charged with a first-degree felony offense that has previously been convicted of a felony offense can face a prison sentence ranging from 15 to 99 years or life imprisonment and/or a fine up to $10,000.

Additionally, certain felony offenses can be increased to life imprisonment or a capital felony conviction if the alleged offender has previously been convicted of certain felony offenses.

Fort Worth Felony Charges Resources

Felony Disenfranchisement: A Primer | The Sentencing Project — As of 2016, 6.1 million Americans were prohibited from voting due to laws that disenfranchise citizens convicted of felony offenses. Felony disenfranchisement rates vary by state, as states institute a wide range of disenfranchisement policies. Learn more about disenfranchisement restrictions.

Federal Statutes Imposing Collateral Consequences Upon Conviction — View a Department of Justice report on the significant collateral consequences imposed by federal law upon conviction of a felony offense. The report covers the right to vote, the right to serve on a federal jury, and the right to hold federal office. Also, learn more about federally imposed occupational restrictions and disabilities.

Find A Tarrant County Defense Attorney for Felony Charges | Law Offices of Richard C. McConathy

If you were arrested for a felony offense in the Fort Worth area, you have to know that you are going to need a strong attorney when you appear in court. Do not waste any time getting legal help.

The Law Offices of Richard C. McConathy knows how to handle all kinds of felony cases and our firm will be committed to helping you achieve the most favorable possible outcome in your case. You can have us really evaluate your particular case and discuss every question you might have when you call (817) 422-5350 or contact us online to set up a consultation.

FAQ

No, the investigating officer is most likely a very skilled interrogator and could trap you in argument. Nor should you agree to any DNA testing without a warrant being presented to you. At this point you need to contract a lawyer to help you.

Depending on the outcome of your case, Yes. Based on your charge, you could have to register as a sex offender for life or if a lower category of sex offense as long as ten years.

In certain situations, the court can order bond conditions that can limit your ability to be around children, including your own children without some type of supervision. This can go as far as requiring that you not be allowed to reside at any location children are staying. These restrictions can remain even after the case is finished if you are required to register as a sex offender or as a condition of any probation you receive.

Polygraph exams have never been proven to the courts to be reliable. As such, the District Attorney can give little to no value in deciding to prosecute your case if they see they have other sources of evidence to convict you.