Which of the following correctly lists the felony levels in increasing order by the number of items involved?

• A. State jail felony; Third-degree felony; Second-degree felony; First-degree felony
• B. First-degree felony; Second-degree felony; Third-degree felony; State jail felony
• C. State jail felony; Second-degree felony; Third-degree felony; First-degree felony
• D. Third-degree felony; State jail felony; First-degree felony; Second-degree felony

Answer: (A)

In Texas law, felony levels rise with the scope or quantity involved in the offense—the more items involved, the higher the degree. The progression from smallest to largest is state jail felony, then third-degree felony, then second-degree felony, and finally first-degree felony. So the correct increasing order by the number of items involved is state jail felony; third-degree felony; second-degree felony; first-degree felony. This reflects the increasing penalties associated with handling more items, from 180 days to 2 years for state jail up to 5 to 99 years (or life) for a first-degree felony.