Texas felony classification is the single biggest lever in any felony defense. Penal Code Chapter 12 sets out five felony grades: capital (life without parole or death), first-degree (5–99 years or life), second-degree (2–20 years), third-degree (2–10 years), and state jail (180 days to 2 years). Each grade has its own punishment range, its own probation rules, its own enhancement triggers, and its own collateral-consequence profile under federal immigration and firearm law. A second-degree plea that becomes a third-degree at sentencing is the difference between 20-year exposure and 10-year exposure.
L and L Law Group, PLLC handles felony cases across the four primary DFW district-court systems — Collin County's 219th, 401st, 416th, 417th, 429th, and 469th; Dallas County's roughly thirty district courts at the Frank Crowley building; Denton County's 16th, 158th, 211th, 367th, 393rd, 431st, 442nd, and 462nd; and Tarrant County's twenty-plus criminal district courts. Reggie London's prosecutor background brings two-sided knowledge to grand-jury practice and plea negotiations; Njeri London anchors suppression and pretrial motion practice with appellate-grade preservation.
First-Degree Felony Defense
Read more →Second-Degree Felony Defense
Read more →Third-Degree Felony Defense
Read more →State Jail Felony Defense
Read more →Juvenile Certification to Adult Court
Read more →From arrest to indictment — how a DFW felony case actually starts
A Texas felony prosecution cannot proceed to trial without a grand-jury indictment unless the defendant waives it, and the stretch between arrest and indictment is where early defense work pays off most. After magistration and bail-setting, the case file moves to the district attorney’s intake division, which decides what charge to present to the grand jury — and intake prosecutors can be persuaded. A pre-indictment packet laying out defects in the probable-cause affidavit, mitigating facts, or a complainant’s competing account sometimes results in a reduced charge or a no-bill before the case ever reaches a courtroom.
Two procedural rights matter in this window. Before indictment, a defendant may request an examining trial under Tex. Code Crim. Proc. art. 16.01, putting the State’s probable cause to an early test; the right ends the moment the indictment is returned. And if the State is not ready for trial within 90 days of detention, art. 17.151 requires release on personal bond or an affordable bond — the statutory pressure valve for clients waiting in jail on an un-indicted felony.
Once the indictment lands, the case is assigned to a district court and the rhythm becomes announcement settings, discovery, and motions. The State’s disclosure duty under art. 39.14 — the Michael Morton Act — is triggered by a timely request, and the defense’s first substantive job is auditing that production: offense reports, body-camera video, lab work, and witness statements. The strategic decisions described in the sections above — suppression, negotiation, trial posture — all build on that record, which is why the arrest-to-indictment phase is treated as the foundation of the defense rather than a waiting period.
Frequently Asked Questions
What is the difference between a state jail felony and a regular felony in Texas?+
A state jail felony under Penal Code § 12.35 carries 180 days to 2 years in a state jail facility, served day-for-day with no parole. A "regular" felony — third-degree (2–10 years), second-degree (2–20 years), or first-degree (5–99 years or life) — is served in TDCJ-ID with parole eligibility. State jail felonies can sometimes be reduced for punishment purposes to Class A misdemeanors under § 12.44.
Can a Texas felony conviction be enhanced by old convictions?+
Yes. Penal Code § 12.42 permits the State to use prior sequential felony convictions for enhancement, with no time limit on how old the priors can be. The habitual-offender provision at § 12.42(d) elevates any felony with two prior sequential felonies (with the last one not state jail) to a 25-to-life range.
Am I eligible for probation on a felony charge?+
Sometimes. Judges may order regular community supervision on most felonies under CCP Chapter 42A, but 3g offenses listed at Art. 42A.054 (murder, aggravated robbery, certain sexual offenses, drug-free-zone felonies) bar judge-ordered probation. Juries may still recommend probation on 3g cases. Deferred adjudication is available for many felonies under Art. 42A.101, but not for capital felonies, DWI cases, intoxication-manslaughter, or certain sexual offenses.
What does 3g mean and why does it matter?+
"3g" refers to the offenses listed at CCP Article 42A.054 (formerly Art. 42.12 § 3g). 3g cases (1) cannot receive judge-ordered probation; (2) require 50% time-served before parole eligibility under Gov't Code § 508.145(d); and (3) on probation revocation, require imposition of the full range.
Can a juvenile be tried as an adult in Texas?+
Yes, through "discretionary transfer" or certification under Texas Family Code § 54.02. The transfer requires a hearing, a diagnostic study, and judicial findings under the Kent v. United States, 383 U.S. 541 (1966), factors. Moon v. State, 451 S.W.3d 28 (Tex. Crim. App. 2014), tightened the findings requirement, and Miller v. Alabama, 567 U.S. 460 (2012), and Roper v. Simmons, 543 U.S. 551 (2005), constrain sentencing for transferred juveniles.
What is the Article 17.151 release rule?+
If the State is not ready for trial within 90 days after a felony arrestee’s detention begins, Tex. Code Crim. Proc. art. 17.151 requires the court to release the defendant either on personal bond or by reducing the bond to an amount the defendant can actually make, subject to narrow exceptions. Shorter windows apply to misdemeanors. For clients sitting in jail before indictment, a 17.151 motion is often the fastest statutory lever available.
What is a 12.44 reduction?+
Penal Code § 12.44 lets a court punish a state-jail felony at Class A misdemeanor levels. Subsection (a) keeps the felony conviction but caps the punishment; subsection (b), with the prosecutor's consent, makes the case an actual misdemeanor conviction. The difference matters enormously for firearm rights, employment, and future enhancement exposure, so which subsection applies is worth negotiating hard.
What does the grand jury actually decide in a felony case?+
Texas felonies must be charged by indictment unless the defendant waives it (Code of Criminal Procedure art. 1.141). The grand jury hears only the State's presentation, and at least nine of the twelve grand jurors must vote a true bill to indict. The defense has no right to appear, but counsel can sometimes submit a written packet for the grand jury's consideration — and a no-bill ends that presentment without a trial.
When does parole eligibility begin on a Texas felony sentence?+
For most non-aggravated felonies, eligibility begins when calendar time plus good-conduct time equals one-quarter of the sentence (Gov't Code § 508.145). Offenses listed in art. 42A.054 and cases with a deadly-weapon finding require one-half of the sentence in flat calendar time, with no good-conduct credit. Eligibility is only the date review begins — it is not a release date, and no one can promise a parole outcome.
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