Criminal penalties in Texas
Checked in October 2026 against the Texas Penal Code (current).
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How Texas sets penalties
- Texas sorts felonies into capital felonies, first-, second- and third-degree felonies, and state jail felonies, and sets a range for each in Chapter 12 of the Penal Code: first degree 5 to 99 years or life; second degree 2 to 20 years; third degree 2 to 10 years; state jail felony 180 days to 2 years.
- Misdemeanors are Class A (up to 1 year), Class B (up to 180 days) and Class C (a fine only, up to $500).
- A felony fine may be up to $10,000, in addition to imprisonment.
- Texas has no offence called 'first-degree murder'. Its ordinary 'murder' is a first-degree felony, and 'capital murder' covers the most serious killings. The penalty section is read together with the offence.
- The Penal Code text was read from Public.Law, a free mirror of the code. The official text is on the Texas Legislature's site.
Death penalty: Texas's law allows a sentence of death for capital murder (§ 12.31). If the state does not seek death, the sentence is life without parole (or life, for a person under 18).
First-degree murder
Death, or life without parole (capital murder)
Capital murder (Capital felony)
- Least
- No minimum term set by the statute
- Most
- Death, or life imprisonment without parole
A person under 18 at the time of the offence receives life imprisonment, not death or life without parole.
Texas has no 'first-degree murder' by that name. The nearest offence is capital murder (§ 19.03), which covers the most serious killings, such as the murder of a police officer, murder committed in the course of certain other serious crimes, and murder for hire.
Second-degree murder
5 to 99 years, or life
Murder (Felony of the first degree)
- Least
- 5 years
- Most
- 99 years, or life
- Fine
- Fine of up to $10,000
Texas's ordinary 'murder' (intentional killing, or intending serious injury and causing death) is a first-degree felony.
Voluntary manslaughter
2 to 20 years
Murder under sudden passion (Felony of the second degree)
- Least
- 2 years
- Most
- 20 years
- Fine
- Fine of up to $10,000
The defendant must prove the sudden passion by a preponderance of the evidence.
Manslaughter (reckless killing) (Felony of the second degree)
- Least
- 2 years
- Most
- 20 years
- Fine
- Fine of up to $10,000
In Texas, a murder committed in sudden passion arising from adequate cause is a second-degree felony, if the defendant proves it at the punishment stage (§ 19.02(d)). Reckless killing is 'manslaughter' (§ 19.04), also a second-degree felony.
Robbery
2 to 20 years (robbery) up to 5 to 99 years, or life (aggravated robbery)
Robbery (Felony of the second degree)
- Least
- 2 years
- Most
- 20 years
- Fine
- Fine of up to $10,000
Aggravated robbery (Felony of the first degree)
- Least
- 5 years
- Most
- 99 years, or life
- Fine
- Fine of up to $10,000
Burglary
180 days to 2 years (a building) up to 5 to 99 years, or life (a habitation, with intent to commit a serious crime)
Burglary of a building other than a habitation (State jail felony)
- Least
- 180 days in a state jail
- Most
- 2 years in a state jail
- Fine
- Fine of up to $10,000
Burglary of certain commercial buildings where controlled substances are stored (Felony of the third degree)
- Least
- 2 years
- Most
- 10 years
- Fine
- Fine of up to $10,000
A third-degree felony under § 30.02(c-1).
Burglary of a habitation (Felony of the second degree)
- Least
- 2 years
- Most
- 20 years
- Fine
- Fine of up to $10,000
Burglary of a habitation with intent to commit, or commission of, a serious felony (Felony of the first degree)
- Least
- 5 years
- Most
- 99 years, or life
- Fine
- Fine of up to $10,000
A first-degree felony under § 30.02(d), in the circumstances listed there, for example where the intent was to commit a felony other than theft.
Arson
180 days to 2 years (certain lower forms) up to 5 to 99 years, or life
Arson in its lower forms (State jail felony)
- Least
- 180 days in a state jail
- Most
- 2 years in a state jail
- Fine
- Fine of up to $10,000
A state jail felony under § 28.02(e) and (f). In some forms it rises to a third-degree felony if bodily injury or death results.
Arson (Felony of the second degree)
- Least
- 2 years
- Most
- 20 years
- Fine
- Fine of up to $10,000
Arson, in the circumstances listed in § 28.02(d) (Felony of the first degree)
- Least
- 5 years
- Most
- 99 years, or life
- Fine
- Fine of up to $10,000
A first-degree felony where the facts listed in § 28.02(d) are shown at trial.
Aggravated assault
2 to 20 years up to 5 to 99 years, or life
Aggravated assault (serious bodily injury, or use or display of a deadly weapon) (Felony of the second degree)
- Least
- 2 years
- Most
- 20 years
- Fine
- Fine of up to $10,000
Aggravated assault in the circumstances listed in § 22.02(b) (Felony of the first degree)
- Least
- 5 years
- Most
- 99 years, or life
- Fine
- Fine of up to $10,000
A first-degree felony where the facts listed in § 22.02(b) are shown, which turn on who the victim was or what the defendant did.
Rape and sexual assault
2 to 20 years up to 5 to 99 years, or life
Sexual assault (Felony of the second degree)
- Least
- 2 years
- Most
- 20 years
- Fine
- Fine of up to $10,000
A first-degree felony in listed circumstances, such as certain victims the actor was prohibited from marrying.
Aggravated sexual assault (Felony of the first degree)
- Least
- 5 years
- Most
- 99 years, or life
- Fine
- Fine of up to $10,000
The minimum is raised to 25 years if the victim was under 6, or under 14 and the offence was committed in a manner described in § 22.021(a)(2)(A) (§ 22.021(f)).
Kidnapping
2 to 10 years (kidnapping) up to 5 to 99 years, or life (aggravated kidnapping)
Kidnapping (Felony of the third degree)
- Least
- 2 years
- Most
- 10 years
- Fine
- Fine of up to $10,000
Aggravated kidnapping, where the victim is voluntarily released in a safe place (Felony of the second degree)
- Least
- 2 years
- Most
- 20 years
- Fine
- Fine of up to $10,000
The defendant must prove release in a safe place at the punishment stage.
Aggravated kidnapping (Felony of the first degree)
- Least
- 5 years
- Most
- 99 years, or life
- Fine
- Fine of up to $10,000
Embezzlement
A fine only (Class C misdemeanor) up to 5 to 99 years, or life (first degree)
Misapplication of fiduciary property of the smallest value (Class C misdemeanor)
- Least
- No minimum term set by the statute
- Most
- No jail; a fine only
- Fine
- Fine of up to $500
Misapplication of fiduciary property, middle values (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 1 year in jail
- Fine
- Fine of up to $4,000
Class B misdemeanors and Class A misdemeanors apply at middle values.
Misapplication of fiduciary property, higher values (State jail felony)
- Least
- 180 days in a state jail
- Most
- 2 years in a state jail
- Fine
- Fine of up to $10,000
A state jail felony, then third-, second- and first-degree felonies as the value rises.
Misapplication of fiduciary property of the highest value (Felony of the first degree)
- Least
- 5 years
- Most
- 99 years, or life
- Fine
- Fine of up to $10,000
Texas punishes embezzlement-type conduct as 'misapplication of fiduciary property' (§ 32.45), and also as theft (§ 31.03). The class depends on the value of the property misapplied.
Forgery
Up to 1 year (Class A misdemeanor) up to 2 to 10 years (third degree)
Forgery of an ordinary writing (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 1 year in jail
- Fine
- Fine of up to $4,000
Forgery of a will, deed, contract, release or other commercial instrument (State jail felony)
- Least
- 180 days in a state jail
- Most
- 2 years in a state jail
- Fine
- Fine of up to $10,000
Forgery of money, securities, government records and similar instruments (Felony of the third degree)
- Least
- 2 years
- Most
- 10 years
- Fine
- Fine of up to $10,000
Drunk driving, first offence
At least 72 hours in jail, up to 180 days, and a fine up to $2,000
Driving while intoxicated, first offence (Class B misdemeanor)
- Least
- At least 72 hours of confinement
- Most
- Up to 180 days in jail
- Fine
- Fine of up to $2,000
A minimum of 72 hours in confinement (6 days if there was an open container). If the alcohol concentration was 0.15 or more, the offence is a Class A misdemeanor (up to 1 year; § 49.04(d)).
Compare with: Iowa, Arizona, California, New York, Florida, Virginia, Washington, Maryland, Minnesota, Maine, South Carolina, Delaware, North Dakota, South Dakota, Alabama, Alaska, North Carolina, Ohio, Michigan, Massachusetts, Missouri, Nebraska, Vermont, West Virginia, Nevada, Montana, Idaho, New Hampshire, Rhode Island, Colorado, Pennsylvania, Illinois, Connecticut.
