Title 3 · Chapter 12
Punishment ranges
The ordinary range for each offense level, summarized from Sections 12.21 through 12.35. Read the section itself for exact wording. Community supervision, fines for business entities, and enhancements are covered elsewhere in Chapter 12.
| Offense level | Confinement | Fine | Section |
|---|---|---|---|
| Capital felony | Life without parole or death (if the State seeks death); otherwise life without parole, or life if under 18 at the offense | — | 12.31 |
| First degree felony | Life, or 5 to 99 years in prison | Up to $10,000 | 12.32 |
| Second degree felony | 2 to 20 years in prison | Up to $10,000 | 12.33 |
| Third degree felony | 2 to 10 years in prison | Up to $10,000 | 12.34 |
| State jail felony | 180 days to 2 years in a state jail | Up to $10,000 | 12.35 |
| Class A misdemeanor | Up to 1 year in jail | Up to $4,000 | 12.21 |
| Class B misdemeanor | Up to 180 days in jail | Up to $2,000 | 12.22 |
| Class C misdemeanor | No jail | Up to $500 | 12.23 |
Enhancements and exceptional sentences
Prior convictions and other findings can move an offense to a higher range.
- 12.42Penalties for Repeat and Habitual Felony Offenders on Trial for First, Second, or Third Degree Felony
- 12.425Penalties for Repeat and Habitual Felony Offenders on Trial for State Jail Felony
- 12.43Penalties for Repeat and Habitual Misdemeanor Offenders
- 12.44Reduction of State Jail Felony Punishment to Misdemeanor Punishment
- 12.45Admission of Unadjudicated Offense
- 12.46Use of Prior Convictions
- 12.47Penalty If Offense Committed Because of Bias or Prejudice