First Degree Felony in Texas

Texas classifies felonies into degrees using the tiered system. Under the Texas classification system, there are five categories of felonies ranking (Texas Penal Code § 12.04), from the most to the least severe, they include:

• Capital felonies
• First-degree felonies
• Second-degree felonies
• Third-degree felonies
• State jail felonies.

In Texas, first-degree felonies are the second most serious crime type after capital felonies. They encompass violent crimes causing serious harm with high-level intent. First-degree felonies in Texas include crimes such as:

• Murder (unless elevated to capital punishment) (Texas Penal Code § 19.02)
• Aggravated robbery
• Aggravated sexual assault
• Aggravated kidnapping
• Trafficking of persons (with certain circumstances)
• Burglary of a habitation with intent to commit a felony
• Arson of a habitation or place of assembly.

Texas Penal Code § 12.32 establishes the punishment for these types of crimes, which ranges from 5 to 99 years imprisonment with the possibility of parole (except in enhanced cases due to aggravating factors), and includes up to $10,000.00 in fines.

Common Crimes Classified as First Degree Felonies in Texas

First-degree felonies are the second most serious type of crime after capital murder. They carry harsh penalties due to their severity and impact on victims. Per Texas Penal Code § 12.32, first-degree felonies include crimes such as:

• Aggravated sexual assault
• Murder
• Incest
• Trafficking of Persons (involving children or serious bodily injury)
• Arson of a Habitation or Place of Assembly
• Aggravated Kidnapping
• Burglary of a Habitation with Intent to Commit Felony
• Aggravated robbery.

Data from the Texas Department of Public Safety’s Crime in Texas report for 2024 shows a drop in the number of violent crimes in Texas. In 2024, there were 118,992 reported incidents of violent crimes in Texas, which is a 2.7% decrease from the 122,285 reports for 2023.

Prison Sentences and Fines for First Degree Felonies in Texas

Section 12.32 of the Texas Penal Code sets the prison sentences for first-degree felonies in Texas. Under this statute, these penalties range from 5 to 99 years or life imprisonment, plus fines that must not exceed $10,000.00.

However, certain crimes have harsher mandatory minimum jail terms. For instance, the minimum prison term for sexual assault of a child under 6 is 25 years.

What is the Maximum Sentence for a First Degree Felony in Texas?

Per Texas Penal Code § 12.32, the maximum sentence for a first-degree felony is life imprisonment. In Texas, the sentences for first-degree felonies range between 5 years and life imprisonment, with the most serious crimes having maximum terms of 99 years to life. Aggravating factors, such as the use of weapons or a hate crime, can increase the jail terms for first-degree felonies in Texas.

Additionally, depending on the type of crime, convicts may serve their sentences with or without the option of parole.

What is First Degree Murder in Texas?

Texas does not use the prefix “first-degree” to classify murder. Per Texas Penal Code § 19.02, murder is a first-degree felony, unless elevated to capital murder by aggravating factors or reduced if the defendant proves that the killing is due to the immediate influence of sudden fervor arising from adequate cause.

Nonetheless, under Texas statutes, an individual commits murder by:

• Causing the death of another person with intent
• Inflicting bodily injuries that result in the death of someone
• Committing or attempting to commit or fleeing from a felony, and in the process, commits an act clearly dangerous to human life that causes death.

In Texas, the sentencing for murder cases depends on the category. A felony murder may result in 5 to 99 years or life imprisonment, in addition to up to $10,000.00 fine. However, for capital murder, the penalty is life without parole or the death sentence (depending on the aggravating factors).

Public Access to First Degree Felony Records in Texas

Similar to other court records, first-degree felony case files are publicly accessible in Texas. Per Chapter 552 of the Texas Government Code (Texas Public Information Act), anyone can access felony case files, indictments, court judgments, and sentencing records. These documents are accessible online and through online search tools through District Court Clerk's Offices, by mail, or in-person visits to specific District Court Clerk's Offices.

To access Texas first-degree felony records at the state level, searchers often use the Texas Department of Public Safety's DPS Public Criminal History Search Portal. For first-degree felony records at the appellate or Supreme Court levels, log into the Texas Judicial Branch Case Search Portal.

Record seekers can also search for third-degree felony records in Texas online through third-party websites. Private online repositories with databases of Texas court records may provide paid access to Texas first-degree felony records. Nevertheless, users should verify documents they obtain from non-official sources.

While searching for first-degree felony records in Texas, note that sealed records, juvenile criminal case files, and documents relating to ongoing investigations are not public. Additionally, access to first-degree felony records in Texas may attract fee payments.

Can First Degree Felony Records Be Sealed or Expunged in Texas?

The expungement of first-degree felony records in Texas depends on the case's outcome. Texas Code of Criminal Procedure Chapter 55 outlines the requirements for the expunction of criminal records (including first-degree felonies).

Expungement (erasure or destruction of criminal records)

Under Texas statutes, a first-degree felony record may be eligible for expungement if:

• The arrest leading to the charges did not result in a conviction
• A court dismissed the case
• The felony case results in an acquittal
• The convict receives a pardon from the Governor of Texas or the President of the United States.

Texas first-degree felonies like murder, aggravated robbery, and aggravated sexual assault are not sealable or expungeable.

Order of Non-disclosure (sealing)

Sealing of records entails making them inaccessible to the public. However, these documents remain accessible to law enforcement agencies, courts, and authorized government agencies.

A Texas first-degree felony record may qualify for an order of non-disclosure if its owner completes a deferred adjudication community supervision (probation), and the crime is not on the list of excluded crimes. Furthermore, a 5-year waiting period applies from the date of discharge or the end of the probation period. Additionally, the owner of the record must not have any criminal convictions during the waiting period.

A Texas first-degree felony record does not qualify for sealing if there is a conviction and the offender receives a state jail or prison sentence, or the crime is on the statutory exclusion list. This includes records relating to:

• Murder or capital murder
• Aggravated Kidnapping
• Human trafficking
• Aggravated sexual assault
• Any offense requiring sex offender registration
• Family violence offenses.

Difference Between First Degree and Second Degree Felonies in Texas

Under the Texas Penal Code, first-degree and second-degree felonies represent two different levels of criminal offenses. The key distinctions between first-degree and second-degree felonies are the severity of the crimes and their sentencing ranges. Texas considers first-degree felonies more severe crimes than second-degree felonies and imposes harsher penalties on individuals who commit first-degree felonies.

Typically, first-degree felonies comprise violent crimes with aggravated components, which include the use of weapons leading to bodily injuries or death. For instance, murder, aggravated robbery, aggravated sexual assault, and aggravated kidnapping. Contrariwise, second-degree felonies are serious crimes that do not include aggravated violence or harm.

Convicts of first-degree felonies in Texas face between 5 and 99 years in prison, or potential lifetime incarceration. Second-degree felonies are also serious crimes with significant prison terms. However, the sentencing range for these crimes within this category (2 to 20 years) is less than that of first-degree felonies. Additionally, a second-degree felony in Texas does not carry the possibility of a lifetime sentence.

Statute of Limitations for First Degree Felony Charges in Texas

The statute of limitations for a first-degree felony in Texas is the timeframe prosecutors have to file charges against individuals they suspect of committing first-degree felonies within Texas. The purpose of the statute of limitations for first-degree felonies in Texas is to:

• Provide legal certainty for individuals accused of first-degree felonies
• Ensure the efficiency of the Texas criminal trial system
• To motivate plaintiffs and prosecutors to pursue justice while the evidence is fresh
• Enforce the fairness of trial processes.

There is no single statute of limitations for first-degree felonies in the state of Texas. Article 12.01 of the Texas Code of Criminal Procedure outlines the statute of limitations for various first-degree felonies in Texas. The timeline for filing charges for first-degree felonies in Texas varies as follows:

No statute of limitations

There is no statute of limitations for the most serious first-degree felony crimes. Prosecutors can file charges at any time if the first-degree felony is:

• Murder
• Aggravated sexual assault against a child
• Manslaughter

Five-year limitation period

Offense that falls within this limitation period include:

• Aggravated robbery
• Aggravated kidnapping
• Robbery and Aggravated
• Injury to a child, elderly individual, or disabled individual (if prosecuted as a first-degree felony)

Ten-year statute of limitations

For first-degree felonies that were not discoverable at the time of the crime, their limitation periods may extend to ten years; this includes arson and injuries to elderly or disabled individuals. Additionally, the statute of limitations for crimes against minors may extend to 20 years from their 18th birthday; this includes aggravated kidnapping with intent to sexually assault.

Probation and Parole Eligibility for First Degree Felonies in Texas

In rare cases, judges in Texas may grant probation for first-degree felonies. For instance, depending on the offender’s criminal history, judges may apply discretion and impose strict conditions to place offenders on standard probation (or community supervision) for some non-violent first-degree felonies. Examples of first-degree felonies that may qualify for probation in Texas include:

• Manufacturing or delivery of certain controlled substances
• Theft of Property (if the value of the property is over $300,000.00
• Arson (of non-fatal, but results in serious bodily injuries).

Nonetheless, Texas laws do not allow probation for first-degree felonies, such as:

• Murder
• Aggravated sexual assault
• Continuous sexual abuse of a child
• Trafficking of persons involving minors for sex acts

The general eligibility rule for parole for first-degree felonies in Texas depends on whether the crime is on the list outlined by the Texas Code of Criminal Procedure, Article 42A.054 (3g offenses); this list includes violent crimes with deadly weapons. This includes:

• Murder
• Aggravated Robbery
• Aggravated Sexual Assault
• Aggravated Kidnapping
• Trafficking of Persons
• Any felony that involves deadly weapons.

Individuals serving prison terms for 3g crimes must serve 50% of their sentences or 30 years in prison (whichever is lesser), but not less than 2 years.

For first-degree felonies not on the 3g list, convicts must serve 25% of their prison terms or 15 years to be eligible for parole. In addition to the qualifying conditions, inmates must be on good behavior while serving their jail time. Furthermore, eligibility for parole does not mean it is automatic; the Texas Board of Pardons and Paroles has the final say on parole within the state of Texas.

Impact of a First Degree Felony Conviction on Criminal Records in Texas

A first-degree felony conviction in Texas may have serious, long-lasting consequences on a criminal history. Unlike misdemeanors, felony convictions have damaging impacts on individuals’ public records.

In Texas, some first-degree felony records are not expungeable, but remain permanently on the offender’s record. These records are publicly accessible (unless sealed), nd may influence employment opportunities and housing options.

Individuals with first-degree felony records in Texas will:

• Lose voting rights
• No longer possess firearms under federal law
• No longer be eligible for public office
• Permanently lose the right to serve on a jury.

Additionally, a first-degree felony conviction may not automatically prevent a U.S. citizen from getting a passport. However, foreign countries may deny entry to persons with felony records.