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.
