Second Degree Felony Range of Punishment - Texas Penal Code

§ 12.33. SECOND DEGREE FELONY PUNISHMENT. 

(a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.

Trackbacks (0) Links to blogs that reference this article Trackback URL
http://blog.austindefense.com/admin/trackback/14600
Comments (27) Read through and enter the discussion with the form at the end
chris - August 4, 2009 11:26 PM

Situation. A man begans to push his wife around. witness calls police. wife runs to kitchen, away from husband. grabs knifebut never advances towards the husband. Can it be assault with a deadly weapon, 2nd degree felony? There was no injury, and no intent to use the weapon as an offense but was grabbed in case the spouse in rage came back to her with more physical aggression?

What ab

chris - August 4, 2009 11:27 PM

chris - August 4, 2009 11:26 PM
Situation. A man begans to push his wife around. witness calls police. wife runs to kitchen, away from husband. grabs knifebut never advances towards the husband. Can the woeman be charged assault with a deadly weapon, 2nd degree felony? There was no injury, and no intent to use the weapon as an offense but was grabbed in case the spouse in rage came back to her with more physical aggression?

RFM - October 10, 2009 12:09 AM

A psychotherapist/psychologist convinces her patient that the patient’s physiological problems must have been caused by a sexual molestation/assault that happened in childhood. Through the process of elimination by the psychotherapist/psychologist and some “logical deductive reasoning” the psychotherapist/psychologist helps the patient decide that it was a member of the patient’s family.
Can this type of “evidence” be considered as valid and admissible in a court of law in Texas?

RFM - October 10, 2009 12:26 AM

Addendum to above Question:
The alleged act of molestation/assault took place when the girl was approx 5 years of age and is now 24 years of age.

jeg - November 23, 2009 5:23 PM

A woman is arrested for defending herself by restraining her attacker until police arrive. When the "police" get there she is on top of her attacker and the police arrest HER! There is visible eveidence that she has been attacked and the "police" even take photos as proof. She is being charged with second degree felony assault. Can this hold up in court. Especially when her attacker has two previous police reports against him for abuse and pointing a loaded hand gun at her. Please advise

Staci - November 24, 2009 3:02 PM

My boyfriend is being charged with a 2nd degree felony, for assualting me. Can he really get 20 years?

mb - January 15, 2010 4:13 PM

Im trying to see the responses to a question and i cant

need help - May 20, 2010 4:29 PM

if these people who are indicted or convicted have children were do those children go?

Lisa - June 28, 2010 12:15 PM

1. What exactly common law in the state of Texas?

2. Say a woman and her "common law husband" get into it and the woman signs a non-proscute document. Can the the state still press charges?

Sarah - July 4, 2010 12:00 AM

Is it a second degree felony if a man has sex (repeatedly) with his spouse when she is unable to consent? My sister takes medicine where she cant consent and he knows this and does it anyway!

Dave - September 1, 2010 9:04 AM

My son was convicted on a 2nd degree felony Burg. Habitation
was sentenced to 6 yrs deferred probation His PO wants him to submit to DNA testing is this leagal ?

Ernesto Alvarado - November 30, 2010 4:11 PM

Bloggong

cynthia starks - January 25, 2011 10:46 AM

my husband is facing a 2nd degree felony, with multiple case against me and deadly threats that he will kill me and grandchildren can he get 20 or more years.

asitzes - June 22, 2011 2:18 PM

My wife was a RN and was let go do to failing a drug test. Now she was arrested and charged with fraud poss cs- prescription sch I-II second degree felony what charges would she face possible?

Courtney - November 18, 2011 10:51 AM

My sister and another guy were run over by her former boyfriend two years ago. They are only prosecuting him with aggravated assault with a deadly weapon. They have not contacted my sister and he is trying to enter a plea bargain. Is this appropriate for this kind of action?

Stacy - May 7, 2012 8:20 PM

My son is facing second degree felony for burglary of habitation and state jail felony for possession of controled substance and class C for warrants for possesion and failer to appear. He thinks he's just going to get out of jail but we his entire family want him to do safp. I don't think he's gonna get off as easily as he thinks and we pray he doesn't csause he needs help very bad.

linda - August 6, 2012 3:09 PM

my husband is charged with 2nd degree felony on a drug charge , 3rd offense same crime, he only needed 4 months to get off parole, whats the worse that can happen,and whats the least??

Fdderico - September 30, 2012 6:31 PM

My 27 yr old brother was in the wrong place at the wrong time with some acquiantances he barely met, during a "routine" traffic stop, police searched the car and found methanphedine. He just happened to jump in the car not really knowing these ppl and now is facing a second degree felony!! Our family cannot afford his bail or any lawyer for that matter, any suggestions??? Any help will be greatly appreciated.

confused - June 23, 2013 10:35 PM

A 17 year old killed my 18 year old son, and is charged with intoxicated manslaughter....The D.A. tells me he might get a little probation.....How could this be so????

Anna - July 18, 2013 8:24 PM

A father of a 15 yr, old girl caught a 18 yr. old male in her room. The father had gun and ordered young man out, he wouldnt leave so the father hit him and told him if he ever caught him there again he would blow his D__k off..then young man left, Father shot gun in different direction to scare man. Father is being charged with 2nd degree aggravated felony...theman was trespassing, the father defending young daughter...should this even hold up in court?

concerned friend - April 21, 2014 10:47 AM

Person was charged with 2nd degree felony of tampering/fabricating with intent to impair a human corpse. Has been in jail for 9 months waiting trial. Does not have a criminal record to speak of. Will she go to prison for anylength of time?

concerned friend - April 21, 2014 10:47 AM

Person was charged with 2nd degree felony of tampering/fabricating with intent to impair a human corpse. Has been in jail for 9 months waiting trial. Does not have a criminal record to speak of. Will she go to prison for anylength of time?

concerned friend - April 21, 2014 10:49 AM

Person was charged with 2nd degree felony of tampering/fabricating with intent to impair a human corpse. Has been in jail for 9 months waiting trial. Does not have a criminal record to speak of. Will she go to prison for anylength of time?

Steve Parker - June 15, 2014 4:11 PM

Why can't i see any answers to these questions?

Ernest Tetstone - June 27, 2014 11:38 AM

My husband is in jail on 2nd degree felony regarding a 15 year old girl. How much prison could he get if he gets prison time?

Ce-Ce - August 26, 2014 12:12 PM

IF A PERSON HAS BEEN CHARGED WITH 5 COUNTS O 2ND DEGREE TAMPER W/GOVERNMENT REC LIC/SEAL DEFRAUD/HARM WHAT KIND IF TIME ARE WE TALKING?

hawk - September 6, 2014 10:35 PM

I have a friend who was married for 15 years when his wife started having an affair. she then got his hopes up and came back home to him but only for three days then she said she wanted to go back to the other Guy. of course he was upset and asked her to leave and she wouldn't she then started throwing bottles at him and one broke their sliding glass door. she still wouldn't leave after he begged her too. he was very upset and tired of all the heartache he then tried to take his own life when she stopped him and the gun went off putting a hole in the floor 8 feet from were they were standing. she called the cops and had him arrested saying he shot at her. what can help him on fighting this case. I have known him since before they married and I no what type of man he is and he would never harm a person let alone his wife even considering everything she put him through. please someone help me help him email me. adriennehenson972@Gmail.com

Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?