Second-degree felony punishment in Texas is 2 to 20 years in the Texas Department of Criminal Justice and a fine of up to $10,000.1State of Texas. Texas Penal Code Section 12.33 – Second Degree Felony Punishment Common charges at this level include aggravated assault, robbery, intoxication manslaughter, sexual assault, and many drug manufacturing or delivery offenses.2Texas Legislative Council. Inventory of Texas Felony Offenses by Category Where a specific case lands inside that range, and whether prison is even required, depends on criminal history, the facts of the offense, and whether certain enhancements apply.
How the Prison Range Works
The statutory range runs from a 2-year minimum to a 20-year maximum.1State of Texas. Texas Penal Code Section 12.33 – Second Degree Felony Punishment A first-time offender charged with a lower-level second-degree felony might receive a sentence near the bottom. Someone with a violent record facing a serious charge could land near the top.
Texas uses indeterminate sentencing for most adult felonies. A judge or jury picks a number inside the range, but the actual release date is decided later by the parole board. A 15-year sentence rarely means 15 years in a cell. It means eligibility for parole review once the person has served enough calendar time and, in most cases, earned enough good conduct credit.
Fine and Mandatory Court Costs
The $10,000 fine is a ceiling, not a requirement. Judges have discretion to reduce or waive it based on the defendant’s finances and the circumstances of the offense. Prosecutors tend to push for the full amount in cases involving financial gain or economic harm to victims. A fine is punitive and paid to the state; restitution, which compensates victims, is separate.
Court costs get added on top regardless of the fine. Every felony conviction in Texas triggers at least $185 in state consolidated court costs and $105 in local consolidated court costs.3Texas Courts. District Clerks Felony Conviction Court Cost Chart Additional fees for warrant processing, witness service, and officer mileage accumulate quickly, and probation supervision fees or restitution orders can push the total well past the headline fine.
Probation Instead of Prison
A judge can place some second-degree felony defendants on community supervision instead of sending them to prison. The maximum probation term is 10 years, and a defendant qualifies only if the sentence imposed does not exceed 10 years.4State of Texas. Texas Code of Criminal Procedure Article 42A.053 – Judge-Ordered Community Supervision Criminal history and the nature of the offense weigh into the decision.
Conditions usually include regular meetings with a supervision officer, drug and alcohol testing, curfews, employment requirements, and travel restrictions. Courts often add substance abuse treatment or anger management. A violation can lead to revocation, which sends the person to prison to serve the original sentence.
3G Offenses Block Judge-Granted Probation
Certain second-degree felonies are listed under Article 42A.054 of the Code of Criminal Procedure, commonly called 3G offenses. A judge cannot grant community supervision on those cases at all. The list includes sexual assault, aggravated assault involving serious bodily injury, and any felony where the defendant used or exhibited a deadly weapon.5State of Texas. Texas Code of Criminal Procedure Chapter 42A – Community Supervision
The only route to probation on a 3G case is a jury recommendation. That requires a sworn motion filed before trial, no prior felony convictions, and a sentence of 10 years or less. Pleading guilty to a judge in a 3G case guarantees prison; going to trial preserves the possibility of jury-recommended probation.
Deferred Adjudication
Deferred adjudication is a special form of community supervision where the judge postpones any finding of guilt. If the defendant finishes all conditions, the case is dismissed with no conviction on the record. That matters for employment, housing, and licensing, because the person can truthfully say they were not convicted.
Most second-degree felonies allow deferred adjudication, though some are excluded. Trafficking of persons is ineligible. Sexual assault and indecency with a child can qualify only if the judge makes a specific finding that deferred adjudication serves the victim’s best interest. The defendant has to plead guilty or no contest. After successful completion, the person may later petition for an order of nondisclosure to seal the record from most background checks.
Enhancements That Raise the Range
A prior felony conviction can bump a second-degree felony up to first-degree punishment at sentencing. Under Section 12.42 of the Penal Code, if the state proves the defendant was previously convicted of any felony other than a state jail felony, the range moves to 5 to 99 years or life, plus a fine of up to $10,000.6State of Texas. Texas Penal Code Section 12.42 – Penalties for Repeat and Habitual Felony Offenders7State of Texas. Texas Penal Code Chapter 12 – Punishments The enhancement applies automatically once the prior is proven.
A deadly weapon finding operates differently. When the court enters an affirmative finding that the defendant used or exhibited a deadly weapon, the case takes on 3G status regardless of whether the underlying offense is on the 3G list.5State of Texas. Texas Code of Criminal Procedure Chapter 42A – Community Supervision That kills judge-granted probation and pushes parole eligibility much further out. Offenses against children, elderly people, or public servants can also trigger increased ranges under various Penal Code provisions.
When Parole Eligibility Kicks In
On most second-degree felonies, a person becomes eligible for parole once actual time served plus good conduct time equals one-quarter of the sentence or 15 years, whichever is less.8Texas Department of Criminal Justice. Parole in Texas On a 10-year sentence, that eligibility date can arrive well before the two-and-a-half-year mark if the person earns good conduct credit through work assignments and programs.
The formula shifts hard for 3G offenses and cases with a deadly weapon finding. Those defendants must serve half the sentence or 30 years, whichever is less, in actual calendar time, and good conduct credit does not count toward that number. On the same 10-year sentence, parole eligibility would not arrive until five full years had passed.
Good conduct time is a privilege, not a right. TDCJ can award or revoke it based on behavior, and it does not shorten the sentence itself. It only moves up the date the parole board will consider release.8Texas Department of Criminal Justice. Parole in Texas Reaching the eligibility date does not guarantee release. If parole is granted, the person has to comply with conditions such as regular reporting, steady employment, and no new criminal activity. Violations can send the person back to serve the rest of the original sentence.
Firearm Restrictions After Conviction
State and federal law both restrict firearm possession after a felony conviction, and they do not line up. Under Section 46.04 of the Texas Penal Code, a convicted felon cannot possess a firearm anywhere for five years after release from confinement or community supervision, whichever comes later. After that five-year window, Texas law allows possession only at the premises where the person lives.9State of Texas. Texas Penal Code Section 46.04 – Unlawful Possession of Firearm Possessing a firearm anywhere else remains a third-degree felony under state law.
Federal law is stricter. Under 18 U.S.C. Section 922(g), anyone convicted of a crime punishable by more than one year of imprisonment faces a lifetime ban on possessing firearms or ammunition.10Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts Every second-degree felony in Texas meets that threshold. The federal ban has no five-year sunset and no exception for the person’s home, so it overrides the narrower Texas rule for anyone thinking about legal risk.
Collateral Consequences
The Penal Code numbers are only part of the punishment. A conviction affects employment, housing, civil rights, and immigration status long after any sentence ends.
Licensing agencies can deny, suspend, or revoke professional licenses based on felony convictions, and some fields impose mandatory action. A podiatrist convicted of a drug felony under the Health and Safety Code faces mandatory suspension and eventual revocation.11Texas Department of Licensing and Regulation. Guidelines for License Applicants with Criminal Convictions Driver education instructors face mandatory action for any felony under Title 5 of the Penal Code. Other boards weigh felonies heavily, especially when the offense relates to the profession.
Voting rights are suspended during incarceration, parole, and probation. Once the full sentence is complete, rights are restored automatically, though the person still has to re-register through the normal process.12National Conference of State Legislatures. Restoration of Voting Rights for Felons
Housing gets harder. Private landlords routinely run background checks, and public housing authorities have broad discretion to deny admission based on criminal history. Benefits can be affected too: under federal law dating to 1996, a felony drug conviction can trigger disqualification from SNAP and TANF, though most states have opted out of or modified that ban, so current Texas policy is worth checking. For non-citizens, many second-degree felonies count as aggravated felonies or crimes involving moral turpitude under federal immigration law, which can lead to deportation or permanent inadmissibility.
Sealing the Record Later
A second-degree felony conviction cannot be expunged in Texas. Expunction applies only to charges that never resulted in a conviction.
The one path to sealing a felony record after successful completion of deferred adjudication is an order of nondisclosure. The waiting period for a felony is five years after the date of discharge and dismissal.13Texas Courts. Overview of Orders of Nondisclosure Nondisclosure is not open to everyone. Anyone who has ever been convicted of or placed on deferred adjudication for offenses requiring sex offender registration, murder, capital murder, trafficking of persons, stalking, or any offense involving family violence is permanently disqualified. A separate disqualifying conviction during the waiting period, for anything more than a traffic-fine-only offense, also blocks eligibility.
Even when granted, nondisclosure has limits. Law enforcement agencies, licensing boards, and certain government entities can still see the sealed record. For most private employers and landlords, though, the record effectively drops off standard background checks.