List of All Felony Charges in Texas — Complete 2026 Reference
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Table of Contents
State jail felonies (most common)
Common state jail felonies (180 days-2 years state jail; $10,000):
- Drug possession PG 1 under 1 gram (Health & Safety Code §481.115)
- Drug possession PG 2 under 1 gram (§481.116)
- Theft $2,500-$29,999 (Penal Code §31.03)
- Unauthorized Use of Motor Vehicle (Penal Code §31.07)
- Evading arrest with vehicle (Penal Code §38.04)
- Burglary of building, non-habitation (Penal Code §30.02)
- Credit card abuse (Penal Code §32.31)
- Forgery of check/credit card (Penal Code §32.21)
- Criminally negligent homicide (Penal Code §19.05)
- DWI with child passenger (Penal Code §49.045)
- Possession of marijuana 4 oz to 5 lbs (Health & Safety Code §481.121)
Third-degree felonies
Common third-degree felonies (2-10 years TDCJ; $10,000):
- Drug possession PG 1 at 1-4g (§481.115)
- Third DWI (§49.09(b))
- Intoxication assault (§49.07)
- Theft $30,000-$149,999 (§31.03)
- Indecency with child by exposure (§21.11(a)(2))
- Stalking (§42.072)
- Possession of child pornography first offense (§43.26)
- Retaliation (§36.06)
- Tampering with evidence (§37.09)
- Aggravated assault by family member with strangulation (§22.02)
- Failure to stop and render aid causing injury (Transportation Code §550.021)
- Possession of firearm by felon (§46.04)
Second-degree felonies
Common second-degree felonies (2-20 years TDCJ; $10,000):
- Aggravated assault (§22.02)
- Sexual assault (§22.011)
- Manslaughter (§19.04)
- Intoxication manslaughter (§49.08)
- Robbery (§29.02)
- Drug possession PG 1 at 4-200g (§481.115)
- Indecency with child by contact (§21.11(a)(1))
- Burglary of habitation (§30.02)
- Theft $150,000-$299,999 (§31.03)
- Aggravated kidnapping (§20.04)
- Manufacture/delivery PG 1 at 1-4g (§481.112)
- Engaging in organized criminal activity (enhanced from 3rd degree)
First-degree felonies and capital
Common first-degree felonies (5-99 or life; $10,000):
- Aggravated sexual assault (§22.021)
- Aggravated robbery (§29.03)
- Drug possession PG 1 at 200-400g (§481.115)
- Manufacture/delivery PG 1 at 4-200g (§481.112)
- Murder (§19.02)
- Burglary of habitation with intent to commit felony other than theft
- Continuous family violence with prior conviction (§25.11)
- Continuous sexual abuse of child (§21.02)
- Theft over $300,000
- Arson causing serious bodily injury (§28.02)
Capital felony (life without parole or death):
- Capital murder (§19.03) — murder plus aggravating circumstances
Enhanced first-degree felonies (10-99 or life, 15-99 or life, etc.) apply to specific aggravated offenses and habitual offender enhancements.
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What's the most common felony charge in Texas?
Drug possession at lower weights (state jail felony level) is among the most common. Theft at felony levels, DWI 3rd+, and various property crimes are also frequent. The mix varies by county and demographic factors.
How many felony classifications does Texas have?
Five: state jail felony, third-degree felony, second-degree felony, first-degree felony, capital felony. Plus various "enhanced" categories within first-degree for specific aggravators. Each has distinct punishment ranges and procedural rules.
Are all felony convictions the same for federal firearm prohibition?
Generally yes — 18 U.S.C. §922(g)(1) applies to any conviction "punishable by imprisonment for a term exceeding one year." All Texas felony levels meet this threshold. State jail felonies (max 2 years state jail) and higher are all federal-firearm-disqualifying.
Can felonies become misdemeanors in Texas?
State jail felonies can be punished as Class A misdemeanors under Penal Code §12.44(a) with prosecutor consent. Higher felonies don't have direct misdemeanor reduction provisions but can sometimes plead to different misdemeanor offenses. Most felony cases that reduce do so through plea to different statute rather than direct reduction.
Where can I find the complete list?
Texas statutes are at statutes.capitol.texas.gov. Penal Code chapters cover most criminal offenses. Health & Safety Code Chapter 481 covers drug offenses. Transportation Code covers DWI and traffic-related felonies. Other codes (Government Code, Family Code) contain additional offenses.
