| In Texas criminal law, there is a special classification of | | | | jail felony shall be punished by confinement in a state |
| felony offense call a "State Jail Felony." Although still | | | | jail for any term of not more than two years or less |
| a felony, it is a criminal classification all its own. State | | | | than 180 days. |
| Jail Felonies are more serious than Class A | | | | (b) In addition to confinement, an individual adjudged |
| Misdemeanors, and less serious than Third Degree | | | | guilty of a state jail felony may be punished by a fine |
| Felonies. Defendants who are convicted and | | | | not to exceed $10,000. |
| sentenced on a State Jail Felony charge will serve | | | | (c) An individual adjudged guilty of a state jail felony |
| their sentence in a State Jail Facility. These are | | | | shall be punished for a third degree felony if it is shown |
| Texas penal facilities separate and apart from the | | | | on the trial of the offense that: |
| regular prison system and county jail systems. For | | | | (1) a deadly weapon as defined by Section 1.07 |
| persons convicted of felonies of the third degree and | | | | was used or exhibited during the commission of the |
| higher, they will serve their sentences in the Institutional | | | | offense or during immediate flight following the |
| Division of the Texas Department of Criminal Justice. | | | | commission of the offense, and that the individual used |
| Those convicted of misdemeanors will serve their | | | | or exhibited the deadly weapon or was a party to the |
| sentences in the county jail. For State Jail Felony | | | | offense and knew that a deadly weapon would be |
| convicts, sentences are to be served in a Texas | | | | used or exhibited; or |
| State Jail Facility. And unlike prison, there is no | | | | (2) the individual has previously been finally |
| parole. Are sentences are served day for day. | | | | convicted of any felony: |
| They following is the Texas statute relating to State | | | | (A) under Section 21.02 or listed in Section 3g(a)(1), |
| Jail Felonies: | | | | Article 42.12, Code of Criminal Procedure; or |
| Sec. 12.35. STATE JAIL FELONY | | | | (B) for which the judgment contains an affirmative |
| PUNISHMENT. (a) Except as provided by | | | | finding under Section 3g(a)(2), Article 42.12, Code of |
| Subsection (c), an individual adjudged guilty of a state | | | | Criminal Procedure. |