Category:Capital Felonies

From the Law Office of Alison Grinter in Dallas, Texas

Capital Felonies can only be punished by life in prison without the possibility of parole, or death. There are no other options.

Capital Felony defendants can not be given post-conviction probation, nor can they be granted deferred adjudication.

Statute

§ 12.31. CAPITAL FELONY.

(a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the institutional division for life without parole or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the institutional division for life without parole.
(b) In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment without parole or death is mandatory on conviction of a capital felony. In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that a sentence of life imprisonment without parole is mandatory on conviction of the capital felony.

Added by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, § 2, eff.
Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 652, § 12,
eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 838, § 4, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept.
1, 1994.

Amended by:
Acts 2005, 79th Leg., Ch. 787, § 1, eff. September 1, 2005.