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2nd degree felony texas

Understanding 2nd Degree Felony Charges in Texas

Getting charged with a felony offense can be an incredibly stressful and frightening experience. Unlike misdemeanors, felonies are the most serious classification of crimes in Texas and can result in lengthy prison sentences, major fines, and lifelong consequences even after a sentence is served.

Within the felony class of charges, crimes are further broken down by degree – from capital felonies at the top, followed by first degree, second degree, third degree, and state jail felonies. Second degree felonies represent the middle tier of felony offenses. They encompass a wide range of charges with varying sentencing guidelines based on the specific crime committed.

Overview of 2nd Degree Felonies

In order for a crime to qualify as a second degree felony in Texas, it must carry a potential punishment of 2 to 20 years in prison along with fines up to $10,000. Some examples of common 2nd degree felony charges include:

• Aggravated assault with a deadly weapon
• Burglary of a habitation
• Possession of 400 grams or more of controlled substances or substances containing Penalty Group 1 or 2 drugs
• Sexual assault
• Arson
• Robbery
• Fraud or theft when the value is between $100,000 and $200,000

The “degree” of any felony charge corresponds to the severity of the offense and the potential punishment if convicted. First degree felonies are generally more severe in nature and have lengthier sentencing ranges, while third degree felonies represent less egregious crimes with lighter penalties. Second degree falls squarely in the middle – indicative of very serious criminal offenses with harsh sentencing guidelines, but not necessarily violent crimes against persons which constitute first degree felonies.

Penalties and Sentencing Guidelines

The penalties for second degree felonies primarily consist of hefty fines and extensive prison time. The punishment range in Texas for a conviction of a second degree felony includes:

• Prison sentence: Between 2 and 20 years in a state prison facility
• Fines: Up to $10,000

Unlike misdemeanors which only carry potential jail time in a local county facility, second degree felonies mean facing incarceration in a state-run prison. And due to minimum sentencing laws, most convictions for this level of offense carry sentences much longer than 2 years.

• In fact, the average prison sentence handed down for second degree felonies in Texas is around 10 years based on analysis of state sentencing data.

The judge overseeing a case has discretion in determining the exact length of incarceration within the 2 to 20 year statutory range. Factors that may influence the prison sentence imposed include:

• Defendant’s criminal history
• Use of a weapon
• Financial impact of the crime
• Level of harm caused to victim
• Defendant’s role as ringleader vs. accomplice
• Evidence of remorse or acceptance of responsibility

In addition to jail time, second degree felony convictions typically carry fines up to $10,000. The judge can order fines to be paid directly to the court or as restitution paid to victims. Many times both forms of monetary penalties are imposed.

Common Defenses Against 2nd Degree Felony Charges

Facing potential penalties of extensive prison time and major fines, building an aggressive legal defense is critical when facing second degree felony allegations. Some of the most common defenses raised against these charges include:

Wrongful accusations or false allegations

In some cases, a defendant may be falsely accused due to mistaken identity, false reporting, or intentional fabrication of charges due to ulterior motives. A skilled criminal defense lawyer can investigate the background of allegations and accusers to reveal credibility issues or motives for deception.

Lack of criminal intent

For most crimes, prosecutors must establish the defendant possessed criminal intent – meaning they knowingly and willfully committed violations of the law. Evidence showing a defendant acted accidentally or without full awareness could undermine claims of criminal intent.

EntrapmentIf police or informants improperly induced or coerced a defendant into committing illegal acts, an entrapment defense may succeed. This is especially common in drug sting operations.

Self-defense

In assault, homicide, or other charges involving harm, self-defense can provide full exoneration in some circumstances. The defense applies when a defendant faced imminent threat of harm and used reasonable force to protect themselves.

Consent

In certain sexual assault or theft cases, the victim provided consent which would make the acts legal. While consent can be tricky to establish, if valid it provides a complete defense.

Mistake of fact

If a defendant had an honest and reasonable – but mistaken – belief about facts that negate intent or awareness of criminality, this could rebut charges. For example, honestly believing another person owns property thought to be stolen.

Diminished mental capacity

A defendant lacking full mental competency due to mental defects, developmental disorders, or debilitating intoxication may argue they weren’t responsible for criminal conduct. In some cases this can achieve reduced charges or alternative sentencing.

Collateral Consequences of a Conviction

Beyond the direct sentencing penalties imposed, a second degree felony conviction also triggers massive collateral consequences that persist for years after release from incarceration. Some major issues include:

Permanent criminal record

The felony conviction remains on a defendant’s record permanently, available for public viewing and reporting by background check services. This creates barriers to jobs, housing, loans, and educational opportunities.

Loss of civil rights

A felony conviction also strips away many civil rights, like voting, serving on a jury, holding public office, and possessing firearms. Some rights can be restored but the process is often arduous.

Immigration issues

Those convicted who are not U.S. citizens face potential deportation, refusal of re-entry if they travel abroad, or ineligibility for citizenship.

Family law consequences

Felony convictions can negatively impact child custody and visitation rights in future divorce or parentage cases.

Occupational licensing

Any professional license held – or hoped to be obtained – could be suspended, revoked, or denied due to a felony. This includes law, medicine, real estate, teaching, government, military, and many other fields.

Sex offender registration

A conviction for certain sexual-based offenses requires registering publicly as a sex offender for a minimum of 10 years and potentially life.

As this overview reflects, a 2nd degree felony charge shouldn’t be taken lightly given the immense criminal penalties and lifelong fallout a conviction triggers. Engaging an experienced criminal defense attorney is essential to protect your rights and future. An attorney can evaluate defenses that apply to your specific case and build an aggressive strategy to achieve the most favorable outcome possible.