Penal Code · §12.35

State Jail Felony Punishment

State Jail Felony Punishment is covered under §12.35 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "General Principles" on practice exams.

To prove this offense, the State must establish each of the following elements: 180 days to 2 years state jail; Optional fine up to $10,000.

Elements you must prove

  • 180 days to 2 years state jail
  • Optional fine up to $10,000

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Worked examples

Worked example 1

A state jail felony is punishable by:

  1. Up to 1 year in county jail and a fine up to $4,000
  2. 180 days to 2 years in a state jail facility and a fine up to $10,000 Correct
  3. 2 to 10 years in TDCJ and a fine up to $10,000
  4. 5 to 99 years or life and a fine up to $10,000
Why: A state jail felony is punishable by 180 days to 2 years in a state jail facility, plus an optional fine up to $10,000.
Statute: Tex. Penal Code §12.35

Statutory definitions for this topic

State jail felony Tex. Penal Code §12.35
Punishable by confinement in a state jail facility for 180 days to 2 years, plus an optional fine not to exceed $10,000.