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Felony Division

When a felony offense is committed and reported to local law enforcement agencies, those agencies conduct the investigation, collect and process any evidence including witness statements, prepare reports and bring them to the Criminal District Attorney’s Office Felony Division. In our intake process, a prosecutor reviews the cases to ensure that the elements of the felony offense have been met and can be proven.

After the intake process has been completed, the case is submitted to a Grand Jury. A Grand Jury is composed of twelve (12) citizens of Victoria County. The Grand Jury then takes action to "True Bill" or "No Bill" the case.  A "True Bill" means the grand jury has decided that the State has enough evidence to bring criminal charges against a person AND GRANTS AUTHORITY to the Criminal District attorney to conduct such prosecution. The case is then filed in District Court and the prosecution of the case begins. A "No Bill" means the grand jury has decided the State does not have enough evidence to formally charge a person with the offense. A "No-Bill" ends the prosecution of the case.

After a "True Bill" the case is then filed with the District Clerk who then records them within the District Courts. Each District Court has two (2) felony prosecutors who handle all phases of the prosecution from intake to pre-trial hearings and jury trial. While prosecutors are not investigators, they review the files in preparation of court hearings this can result in the development of new evidence. Preparation includes meeting with the investigating agencies, victims, witnesses, reviewing physical evidence and reviewing applicable legal precedents.

Felony Offense Classification and Ranges of Punishment
In general, felony cases are divided into 5 categories.
  • Punishment can range from:
    6 months to 2 years of state jail incarceration and an optional fine up to $10,000 fine, or Community Supervision (commonly referred to as "Probation") for up to 5 years and the same optional fine.
    Included offenses such as:
    Driving While Intoxicated with a Passenger under 15,
    Evading Arrest with Motor Vehicle,
    Possession of a Controlled Substance listed in Penalty Group 1 that is under 1 gram of aggregate weight. Common controlled substances in the ground include: cocaine, heroin, and methamphetamine.
    Possession of Marijuana over 4 ounces, but under 5 pounds.
    Recklessly Causing Bodily Injury to a Child under 15,
    Theft from $1,500 to $20,000 (including theft by check in these amounts),
    Unauthorized use of a motor vehicle.
  • Punishment can range from:
    2-10 years of incarceration in the Texas Department of Criminal Justice and an optional fine up to $10,000, or Community Supervision for up to 10 years and the same optional fine.
    Includes offenses such as:
    Assault on a Public Servant,
    Driving While Intoxicated Third Offense or More,
    Indecency with a Child by Exposure,
    Intoxication Assault,
    Possession of a Control Substance listed in Penalty Group 1 that is over 1 gram, but under 4 grams of aggregate weight,
    Possession of Marijuana over 5 pounds, but under 50 pounds.
  • Punishment can range from:
    2 - 20 years of incarceration in the Texas Department of Criminal Justice and an optional fine up to $10,000, or Community Supervision for up to 10 years and the same optional fine.
    Includes offenses such as:
    Aggravated Assault,
    Burglary of a Habitation,
    Indecency with a Child by Contact,
    Intoxication Manslaughter
    Possession of a Controlled Substance listed in Penalty Group 1 that is over 4 grams, but under 200 grams of aggregate weight,
    Possession of Marijuana over 50 pounds, but under 2,000 pounds,
    Robbery,
    Sexual Assault.
  • Punishment can range from:
    5 - 99 years incarceration in the Texas Department of Criminal Justice and an optional fine up to $10,000, or Community Supervision for up to 10 years and the same optional fine.
    Includes offenses such as:
    Aggravated Assault on a Public Servant,
    Aggravated Robbery,
    Aggravated Sexual Assault,
    Intentionally or Knowingly Causing Serious Bodily Injury to a Child under 15,
    Murder,
    Possession of a Controlled Substance listed in Penalty Group 1 that is over 200 grams, but under 400 grams of aggregated weight,
    Possession of Marijuana over 2,000 pounds.
  • Capital Murder
    Punishment Range is Death or Life Imprisonment.
    Community Supervision is not available as a punishment option.
    Failure to Stop and Render Aid
    Possession of a Controlled Substance listed in Penalty Group 1 that is over 400 grams of aggregate weight,
    Punishment can range from 10 - 99 years or life incarceration in the Texas Department of Criminal Justice and an optional fine up to $100,000, or Community Supervision for up to 10 years and the same optional fine.
Not all offenses are eligible for community supervision. Eligibility for community supervision depends on many factors not listed or discussed on this page. Prior felony convictions can serve to enhance penalty ranges to the next higher category.

This is a brief summary of offenses and available punishments. For a further explanation or analysis please consult an attorney.

This is not intended to provide legal or professional advice.