3rd Degree Assault Jail Time - This is the range of punishments for what is considered a common crime in Texas. This means that the range of punishments can vary depending on the specific circumstances of the case and the person's criminal history. Also, if a person has no criminal record, he is eligible for probation. In some cases, probation is mandatory. This page is a helpful guide, but Texas crime laws can be complex. Then, you should speak to a criminal defense attorney who can fully explain the range of felony penalties in Texas and possible probation.
For many years, Texas had only four felony classifications (1) capital crimes; (2) crimes in the first degree; (3) crimes in the second degree; and (4) felonies in the third degree. In 1993, the Texas Legislature created a misdemeanor charge called the "state prison felony." State prison crimes are usually based on the severity of the sentence: 180 days to 2 years (up to a $10,000 fine) in the Texas State Department of Corrections Division. Criminal Justice (TDCJ). Texas created these low-level crimes to address prison overcrowding caused by extensive prosecutions for drug-related offenses.
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So what is state prison crime? This means that the charge is the lowest level of felony in Texas and has special rules that apply to conviction and release. These include probation rules, length of sentence, "good time", use against a person later, and prison facilities.
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Most people convicted of a state prison felony face a sentence of 180 days to 2 years in a Texas state prison facility. With a state prison sentence, a person can be fined up to $10,000 (the maximum standard fine for felonies). Unlike other crimes in Texas, parole does not apply to state prison charges. So, we said that this sentence is served "every day". There is a program called the "Diligent Participation Credit" that can reduce state prison sentences, but it's not automatic. Your criminal defense attorney should be able to explain: 1. How the due diligence participation credit works; and 2. Whether the judge in your case usually gives credit. Aside from the normal range of state prison sentences, there are harsher sentences depending on the "improvements" the government can come up with in your case.
* As you can see, state prison sentences get complicated – ask a defense attorney for a better explanation.
Hence, Texas State Prison felony convictions can vary drastically based on your criminal history and specific circumstances. Don't make the mistake of waiting to talk to a criminal defense attorney about your allegation.
Prior criminal history or other circumstances may result in a felony in state prison punishable as a third-degree felony.
Felony Vs. Misdemeanor
If you're facing criminal charges in Texas, you may have heard of getting a "12.44". This refers to Section 12.44 of the Texas Penal Code which allows state prison felony charges to be convicted or reduced to a class A felony (up to 1 year in Tarrant County Jail)
Instead of sending someone to the TDCJ - State Jail Division (jail), the criminal court can sentence someone to state prison for a felony such as a class A felony. For the court to do this, the judge must decide whether "the severity and the circumstances of the crime committed and the history, character and rehabilitation needs of the defendant, the criminal court considers that such punishment will best serve the purpose of justice".
The reduction in 12.44(a) does not require the consent of the prosecutor. This means that the judge can decide to do so at the time of sentencing, and it's not limited to just plea deals.
Unfortunately, even if the sentence is reduced, the prison offense punishable under section 12.44(a) is still a criminal conviction, which means:
Parole Informational Booklet
The reverse is that, instead of serving six months to two years in a state prison facility (daily), you could be sentenced to: (1) serve up to one year in the county jail; or (2) two years of probation. In jail you can get any "good time credit" given by the sheriff who runs the jail.
Part B requires the prosecutor to agree to the reduction. Thus, the prosecutor may request (by plea bargain or at sentencing) that the judge reduce the State Jail offense to a Class A Misdemeanor. Although 12.44(b) has two possible convictions, it does not result in a felony conviction . A conviction under section 12.44(b) is a misdemeanor conviction. An offense prosecuted under 12.44(b) may not subsequently be used to reinforce another criminal offence. This is a better, but less common option.
Criminal state prison violations in Texas are punishable by 180 days to 24 months in a state prison facility. In general, state prison sentences are served on a "day-to-day basis". Unlike county jail sentences, inmates do not receive "2 for one" for "good credit" or "guardian credit". Unlike prison sentences (1st, 2nd, or 3rd degree felony) in the Texas Department of Criminal Justice - Institutional Division, inmates are not released on "good credit." While this may seem daunting to those facing a crime in state prison, there are programs that can help state prison offenders serve less time. This is known as a diligent participation credit.
Effective September 1, 2011, individuals sentenced to state prison are eligible for the Diligent Participation Credit program. With Diligent Participation, individuals can receive time credit for their participation in state prison programs such as education, employment and substance abuse treatment. The inmate's participation must be diligent, meaning that the person must successfully complete the program or make significant progress toward completion that is only interrupted by something beyond the inmate's control.
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The Texas Department of Criminal Justice must report the number of days an inmate served in one of the programs to the individual's District Court judge no later than 30 days before the offender serves 80 percent sorry. For the date the report is to be filed, a certain number of days you are fined with 0.8 and then subtract 30. This is the day the TDCJ is to report to your judge. State prisons will report one day of diligent attendance for each day of incarceration when an inmate arrives at a state correctional facility. Time back or credit back is also possible. Sentencing judges can give inmates up to 20% off people's sentences through this program.
However, there are some exceptions to the Diligent Participation Credit program. Convicts found guilty of disciplinary actions such as refusal to work; refusal to attend school or complete school work; or refusal of the requested treatment program does not entitle you to receive credit for your diligent participation. Prisoners in solitary confinement or administrative segregation are also not eligible for credit for those days.
On September 1, 2015, a new inmate option became available. At the time of sentencing, the sentencing judge may determine that the offender is presumptively entitled to receive credit for diligent participation in sentencing the state prison offense. Credit is awarded to the inmate as long as they participate diligently. The inmate will then be given a time credit on the 45th day before 80% of the sentence has been served. However, if disciplinary action is taken in remand against an inmate deemed fit, time credit will not be granted. The program is designed to encourage inmates to work on rehabilitation and as a safety measure.
Contact us to discuss your state prison felony charges. Our attorneys are experienced and trained Fort Worth criminal defense attorneys who have handled cases in Tarrant County and surrounding counties. Our office is located in downtown Ft Worth, Texas.
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If a person is found guilty of a 3rd degree felony in Texas, the person can be sent to prison (Texas Department of Criminal Justice - Institutional Division) from 2 to 10 years. People can also be fined up to $10,000. Depending on a person's criminal history and the circumstances of the charge, someone may also get community supervision (probation) or defer judgment. The length of probation for a third-degree felony is usually 2 to 10 years. For details of possible penalties in your case, you should find a Fort Worth criminal defense attorney.
A second-degree felony is punishable by a minimum of two years' imprisonment and a maximum of 20 years' imprisonment. "Jail" means confinement in the Texas Department of Criminal Justice - Institutional Division. In addition to jail time, a person can also be fined $10,000.
Depending on a person's criminal history, probation (community oversight) or deferred judgment may be an option for a second-degree felony in Texas. The duration of the probation can vary from 2 to 10 years.
If someone is sentenced to prison for a second-degree felony in Texas, the applicable probation laws depend on the charges and the person's criminal history. If someone has been sentenced to imprisonment for 4 years or more on an "aggravated charge", "3g charge" or a charge involving a dangerous weapon, then the first eligible person is when
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