State Jail Felony Range of Punishment - Texas Penal Code
§ 12.35. STATE JAIL FELONY PUNISHMENT.
(a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.
(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.
(c) An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or
(2) the individual has previously been finally convicted of any felony:
(A) listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; or
(B) for which the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure.
Is this law still the same I have been hearing that it has changed to 5 years.
if someone is charged with burguraly of a building, which is state jail felony. is there a way of not getting jail time?
I, have been indited of a theft of property $1,500.00 --$20,000.00 on a State Jail Felony.But not convicted yet?I don't have any other felony charges,or convictions.And only a couple of misdemeanor charges. Approx. 10 years ago. That's all that's on my record. The State don't have any proof that I stole anything.Or can they place me on any crime scene.The only thing they can proof is I took some stolen property to a pawn shop.But I have a witness that will get on the stand and say, they gave the property to me.To take to the pawn shop, because they didn't have a drivers license. And at the time they told me, and assured me it was not stolen property.The bottom line is, or my question is, is it possible to get the State Jail Felony reduced to a misdemeanor, with a small amount of possiblely probation?Maybe approx. 18 months, with a possible fine of approx. of $500.00.With that being the only evidence that the State has.
My friend was recently arrested for possession of 1 lb. of marijuana. Several more lbs. were turned over before the arrest. My friend was charged with felony possession. This is his first offense; what should he expect?
Recently my children were in the car with an adult that was pulled over and charged with a DWI. I want to be rest assured that this person will have to do jail time instead of just given probation. Will she be required to do some jail time?
MY home was burglarized this summer. The total theft was over $5000 and 4 firearms were also stolen. It is my understanding that this falls under the state jail felony for both (the $ amount and the firearms). If this is true, and the 3 individuals involved have no previous record, are they going to get off?
MY home was burglarized this summer. The total theft was over $5000 and 4 firearms were also stolen. It is my understanding that this falls under the state jail felony for both (the $ amount and the firearms). If this is true, and the 3 individuals involved have no previous record, are they going to get off? There was also over $7,000 of damages done to my home - the went in through the attic and busted throu my ceiling in certain rooms to avoid the security system.
I have three prior misd. offenses for family violence...all from 2001. I recently received another misd. charge that is now listed as a SJF is there any hope that I will not have to serve jail time. My wife is cooperative and it was mutual combat, even my in-laws are supportive. I have also been diagnosed since with bipolar disorder. Given these facts do you think I will serve jail time?
i received an original charge of felony theft for stealing a laptop from my school while still attending. the charge was dropped to a class a misdimeanor and two years probation. while on probation i failed two ua's over a years time. they filed a motion to revoke my probation. what are the chances that i can work a deal with zero jail time?
i received an original charge of felony theft for stealing a laptop from my school while still attending. the charge was dropped to a class a misdimeanor and two years probation. while on probation i failed two ua's over a years time. they filed a motion to revoke my probation. what are the chances that i can work a deal with zero jail time?
i received an original charge of felony theft for stealing a laptop from my school while still attending. the charge was dropped to a class a misdimeanor and two years probation. while on probation i failed two ua's over a years time. they filed a motion to revoke my probation. what are the chances that i can work a deal with zero jail time?
if I have a felony what type of credits can I get from college and what kind of career can i hope for?
I was charged with a DWI with a child under age 15. Can this offense be lessened? Will I have to serve time in State Jail?
my boyfriend is being charged of that state jail felony n he has been arrested before, is there any way that he dnt goes to jail? should i get a lawyer?
it was him n his friend but his friend run away, n just was helping him out,
then when he found out the stuff he helped him to bring it was stolen my bf called the cops so they went to get the stuff at my house n 2 days later they went to get him because he was there n helped his friend
THE FATHER OF MY CHILD VIOLATED HIS PROBATION BY HAVING A GUN UNDER THE SEAT OF HIS GIRLFRIENDS CAR. HE DID NOT KNOW THAT HIS FRIEND HE WAS WITH PUT IT UNDER THE SEAT.BUT HE TOOK THE CLIP FROM HIM AND THATS IT.HIS FRIEND SIGNED AN AFFIDAVIT STATING MY BABYS FATHER DID NOT KNOW HE PUT IT THERE.HE IS ON DEFFERED ADJUDICATED WHAT COULD THEY DO TO HIM.THE D.A. IS OFFERING 2-10 ALREADY
i am facing charges on a state jail felony for theft of around 8,000 dollars but have not been convicted yet. as far as i know all the evedence they have is a written confession in which i was pressured into writing. i have a clean criminal history this is the first thing in my life i have gotten into trouble with. do you think i will get to stay out of jail and just get probation?
hi
My friend met an accident in TX.
He was DUI Intoxication assault. 3 rd degree felony.
He has no communication from the court since he was hospitalised 3 months serious injuries.
He went back to India for rehabilitation on H1B VISA.
While he was reutn to US after 3 months he was arrensted at DTW Detroit Aiport for not attending the court.
When can we bail him , what charges he face , do he needs to spend in jail .....?? hoe much time.
We already Deposited $ 10,000 bond to TX court . with our Attorney.
Pls advise