April 25, 2025

Felony Charges in Texas: What You’re Really Up Against

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Welcome to the final installment of our April criminal defense series. Throughout the month, we’ve walked through common legal encounters—DUI and drug charges, traffic stops, and the confusing world of THC laws in Texas.

But now it’s time to talk about the highest-stakes charges of all: felonies.

Whether you or someone you love is facing a felony accusation, understanding what’s ahead can be overwhelming. That’s why Attorney Tara Gilmore-Low at Low Law Firm is here to break it down—without the legal jargon, and with the clarity you need to make the right moves.

What Makes a Crime a Felony?

In Texas, crimes are divided into misdemeanors and felonies. Misdemeanors are generally less serious, with penalties like fines or county jail time. Felonies, on the other hand, carry harsher consequences—including state prison, permanent criminal records, and the loss of key rights, like voting or firearm ownership.

Texas law categorizes felonies into five levels:

  • State Jail Felony
  • Third-Degree Felony
  • Second-Degree Felony
  • First-Degree Felony
  • Capital Felony

Each level carries different sentencing guidelines, but the impact on your life—both now and in the future—can be severe.

Common Felony Charges in West Texas

At Low Law Firm, we’ve helped clients across the region who are facing:

  • Drug manufacturing or distribution charges
  • Felony-level DUI (e.g. third offense or with injury)
  • Aggravated assault or family violence
  • Burglary, robbery, or theft over certain dollar amounts
  • Unlawful possession of a firearm
  • Felony probation violations

Even something that seems minor—like failing to appear in court or violating bond conditions—can elevate your case quickly.

What Are the Penalties?

Texas Penal Code § 12.04 outlines felony classifications and punishments:

  • State Jail Felony: 180 days to 2 years in a state jail, up to $10,000 fine
  • Third-Degree Felony: 2 to 10 years in prison, up to $10,000 fine
  • Second-Degree Felony: 2 to 20 years in prison, up to $10,000 fine
  • First-Degree Felony: 5 to 99 years (or life) in prison, up to $10,000 fine
  • Capital Felony: Life without parole or the death penalty

Source: Texas Penal Code § 12.04

But that’s only part of the story.

Beyond prison time and fines, a felony conviction can affect your ability to get housing, jobs, professional licenses—even custody arrangements. It’s not just a legal issue—it’s a life-altering one.

How Felony Charges Are Prosecuted

Felony cases move through multiple legal stages, each with deadlines and opportunities that can make or break your case:

  1. Arrest and Booking
  2. Arraignment and Bond Setting
  3. Grand Jury Indictment
  4. Pre-Trial Hearings
  5. Plea Negotiations or Trial

At each step, your defense attorney plays a crucial role in challenging evidence, negotiating for reduced charges, or pursuing dismissal based on procedural errors.

Tara Gilmore-Low carefully investigates:

  • Whether the search or seizure was legal
  • If the indictment is supported by facts
  • Whether law enforcement followed proper protocols
  • The credibility of witness statements or evidence
  • Whether alternatives to incarceration are available

Can Felonies Ever Be Reduced or Dismissed?

Yes—and we fight hard for it.

Some charges can be reduced to misdemeanors through pre-trial negotiation, diversion programs, or demonstrating lack of criminal intent. In other cases, constitutional violations or lack of probable cause can lead to full dismissal.

That’s why it’s critical to get legal representation early. The sooner you bring in a criminal defense attorney, the more options you have.

Can Felons Ever Get Their Civil Rights Back?

A felony conviction doesn’t just bring legal penalties—it often leads to the loss of basic civil rights, including:

  • The right to vote
  • The right to serve on a jury
  • The right to run for public office
  • The right to possess firearms

In Texas, some of these rights can be restored, but it depends on the circumstances.

Serving on a jury or running for office may require a longer waiting period or, in some cases, a full pardon.

However, gun rights are not automatically restored. Under Texas law—and federal law—it is illegal for a convicted felon to possess a firearm, even after completing their sentence. Restoration of firearm rights typically requires a full pardon or relief through federal channels, which is rare and not guaranteed.

At Low Law Firm, we help clients understand:

  • What rights can be reclaimed
  • The timeline and process for restoration
  • Whether a pardon or judicial clemency is a viable option

If you’re dealing with the long-term effects of a felony conviction, knowing your rights is the first step toward reclaiming your future.

Final Thoughts: Felony Charges Are Serious. So Is Your Defense.

Facing a felony charge in Texas doesn’t mean your life is over. But it does mean you need serious legal protection.

At Low Law Firm, we understand the weight of a felony accusation—and we bring the experience and determination it takes to fight back. Tara Gilmore-Low works directly with clients to build strong, strategic defenses with one goal: a future worth protecting.

Need Help Today?

If you or someone you know has been arrested for a felony offense in West Texas, time matters. Contact Low Law Firm at 325-455-1889 or visit us online:
👉 https://lowlawfirm.com/contact