Punishment Range for a Second Degree Felony in Texas
By Collin County Criminal Attorney Troy P. Burleson
Texas Penal Code section 12.33 sets out the punishment range for a second degree felony in Texas. According to the Texas Penal Code a second degree felony is punishable by:
(a) Confinement in prison for a term of not more than 20 years or less than 2 years; AND
(b) A fine not to exceed $10,000.
Community Supervision and a Second Degree Felony
If a person is eligible for probation, he or she may be place on probation instead of imprisoned for:
a) Up to 10 years of deferred adjudication community supervision; OR
b) From 2 to 10 years of post conviction community supervision; AND
c) Up to 180 days in county jail as a condition of probation.
If a court authorizes community supervision for a person accused of a first degree felony, instead of prison, the generally the court will require the accused to spend up to 180 days in county jail as a condition of being placed on probation. Essentially, the person accused MUST go to county jail for a period of time up to 180 days then will be placed on probation from 2 to 10 years.
