The state jail felony is the lowest felony grade in Texas, created in 1993 as an alternative to prison for lower-level property and drug offenses. It carries some unusual rules that make it different from every other offense level.
What the Statute Says
(a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.
(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.
The Enhancement in Subsection (c)
A state jail felony is punished as a third-degree felony (2 to 10 years in prison) if it is shown at trial that:
- a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight, and the individual used or exhibited it or was a party who knew a deadly weapon would be used; or
- the individual has previously been finally convicted of certain felonies, including offenses under Sections 21.02 or 21.03 and offenses listed in Article 42A.054 of the Code of Criminal Procedure, or any felony for which the judgment contains an affirmative deadly-weapon finding.
Day-for-Day Time
This is the feature most people — and some lawyers — miss. State jail time is served day for day. There is no parole eligibility and no good-conduct time credit. A person sentenced to two years in state jail serves two years. By contrast, a third-degree felony prison sentence carries parole eligibility, and a Class A misdemeanor county jail sentence accrues good time.
That arithmetic is why a Section 12.44 resolution is frequently worth far more than the label suggests, and why "time served" offers are so common in Harris County state jail cases.
Mandatory Community Supervision for Some Drug Cases
Under Article 42A.551 of the Code of Criminal Procedure, a person convicted of a first state jail felony offense of possession of a controlled substance under one gram must generally be placed on community supervision rather than confined, absent a prior felony conviction. This is why the realistic outcome of a first POSS CS PG 1/1-B <1G case is rarely state jail.
Common State Jail Felonies
Possession of a controlled substance under one gram · Possession of marijuana 4 ounces to 5 pounds · Theft of $2,500 to $30,000 · credit or debit card abuse · forgery of a check · burglary of a building · unauthorized use of a motor vehicle · evading arrest in a vehicle · DWI with a child passenger · criminal mischief $2,500–$30,000.
Related
- Section 12.44 — reduction to misdemeanor punishment
- Section 12.34 — third-degree felony punishment
- Sealing records: nondisclosure
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.