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
I am being charged with a theif felony charge i just took a poly and failed but i really didnt do it. never been in trouble just needing some one to help !!!!!
i was arrested for securing a document by deception 8 mths ago leaerned last week they indicted me state jail felony no priors except one minor thing 16 yrs ago--- if conv what prob is the outcome state jail or prob thanks
i im facing charges of credit/debit abuse which was about in 2004 this is my first offense i never got to use it or tryed to use the card,cause i just walk out of the store and left it behind. I was wondering if i can get probation instead of prison time is that possible. And why haven't i received any letter or warrant about this the way i found out is that my sister works at the county jail.Also my bond is to high for this offence can you give me some advice or help me so that i can hire you to represent me so that i can take care of this matter and move on with my life.
I just was charged with DWI and evading arrest what are my chances of getting probation i am going to school and i need advise thanks
My son, age 29, was arrested for DUI in Austin, Texas. Of course, they towed his car. They confiscated his driver's license and it was a nightmare getting the car (which I own) since the owner had to proved ownership. I had to travel from Houston, Texas to Austin to get the car out of storage and pay towing and storage fee.
Since then we hired an attorney at $2,500 to handle the case. We also had to get a tmporary license so my son could travel to work. This suspension was for 40 days. Now the attorney says he should get SR22 insurance and advised against an ALR (?) hearing.
Due to local gossip, my son did not agree to a breathalizer test and spent nearly 40 hours in jail. Since then, it has been found that the Austin police cannot produce any visual evidence (video) of the field test (they did not produce to our attorney) and there is no other evidence of intoxication except the police officer's suspicion.
The case has been set for trial in February. The 40 day suspension of diver's licence is ending before trial. My son did get a license but the suspension is ending soon, before trial.
QUESTION: The insurance agent says that he doesn't need an SR22 until he has been convicted IS THAT TRUE? Is the attorney giving correct advice regarding the hearing? When does my son need an SR 22. WITHOUT ANY EVIDENCE EXCEPT THE OFFICER'S SUSPICION, WHAT ARE ODDS OF THE CASE BING THROWN OUT?? My son had had a partial glass of wine and two beers over a six hour period. He is 5'11" and weighs about 185 lbs. The police officer did have a partner who stayed in police car during field test and was not mentioned otherwise but is assumed to be able to be used as a witness for the police officer.
1. MY SONE NEED AN SR22 BEFORE TRIAL?
2. IS YOUR OPINION OF THE ODDS OF HAVING CASE THROWN OUT DUE TO LACK OF EVIDENCE TO PROVE HE IS NOT GUILTY??
My son, age 29, was arrested for DUI in Austin, Texas. Of course, they towed his car. They confiscated his driver's license and it was a nightmare getting the car (which I own) since the owner had to proved ownership. I had to travel from Houston, Texas to Austin to get the car out of storage and pay towing and storage fee.
Since then we hired an attorney at $2,500 to handle the case. We also had to get a tmporary license so my son could travel to work. This suspension was for 40 days. Now the attorney says he should get SR22 insurance and advised against an ALR (?) hearing.
Due to local gossip, my son did not agree to a breathalizer test and spent nearly 40 hours in jail. Since then, it has been found that the Austin police cannot produce any visual evidence (video) of the field test (they did not produce to our attorney) and there is no other evidence of intoxication except the police officer's suspicion.
The case has been set for trial in February. The 40 day suspension of diver's licence is ending before trial. My son did get a license but the suspension is ending soon, before trial.
QUESTION: The insurance agent says that he doesn't need an SR22 until he has been convicted IS THAT TRUE? Is the attorney giving correct advice regarding the hearing? When does my son need an SR 22. WITHOUT ANY EVIDENCE EXCEPT THE OFFICER'S SUSPICION, WHAT ARE ODDS OF THE CASE BING THROWN OUT?? My son had had a partial glass of wine and two beers over a six hour period. He is 5'11" and weighs about 185 lbs. The police officer did have a partner who stayed in police car during field test and was not mentioned otherwise but is assumed to be able to be used as a witness for the police officer.
1. MY SONE NEED AN SR22 BEFORE TRIAL?
2. IS YOUR OPINION OF THE ODDS OF HAVING CASE THROWN OUT DUE TO LACK OF EVIDENCE TO PROVE HE IS NOT GUILTY??
i have a question i went through 2 year probation and did some programs. Now that im done the probation people say my record is dirty no matter what and it can never be expunged is that true? IT was a credit card abuse case State jail Felony. Please email me back i need to know to see if i can fight them
i have a question i went through 2 year probation and did some programs. Now that im done the probation people say my record is dirty no matter what and it can never be expunged is that true? IT was a credit card abuse case State jail Felony. Please email me back i need to know to see if i can fight them
i was convicted of a state jail felony in 2000 . 2 years suspended to 5 years probation no deferred ajudifacation is it possible to get any of my rights back
My 21 year old son is serving time on his third state felony. He also has two misdemeanors. If he gets another felony what will happen to him?
And, I thought Texas had the three strikes law. Does that mean only serious felonies count for that to be enforced on a person?
How do I find out current information on the 3 strikes law in other states?
Thanks,
Cathy
My son was arrested November 13, 2008 for 2 counts of simple burgurary. After his arrest, he was taken to City Court and plead quilty to violating his probation and they placed a detainer on him and said he will have to serve 80 days in city jail when he gets out of county jail. He has been in county 6 months and has been to court once and plead not guilty and now is coming back and his attorney is working a plea bargain with the agreement he enters an in-patient rehabilation program for 1 year. Question, in Louisiana, does the time he was sentenced in county jail, 80 days, run consecutive with the 6 months he has already been in county jail. I have been told by his attorney that it does but I am not sure.
Is take prohibit items in a correctional facility a state jail felony offence?
Is take prohibit items in a correctional facility a state jail felony offence?
Sharon:
I suppose it depends on what's being taken in...
My name is Wil and i was convicted of felony theft about 3 years ago. I was oringally put on probation but I didnt finish i had to serve county jail time. I havent been in any trouble since other than traffic ticket..I was wondering is there any way that I can seal this off my record to where an employer couldnt view..
Yes I was convicted of Employee Theft which is a State Jail Felony and I was wondering if there was any way not to get jail time I could do as much probation as possible but no jail time. I need to not go to jail because its only me and my wife, PLease if someone could help me.
if someone has had a possible detainer put on them and it was placed on him on 1-28-09 how long can they wait before charging him for the dwi..
my daughter took some mony from work she was worried about it and turned herself in, she has always been a good person in the community w/ no history. the amont of money was enough for a state jail felony. with no past history what is she looking at
My son is in a Texas State Jail for 18 months because be plead guilty to having less than a gram of meth. It is his first time. He is finding people in jail with him who are there for only 6 months and are back for their 7th or 8th time. There are also people there who commited crimes with weapons and received a lessor sentence. Is there anything we could do to have his time reduced? Also, he has heard that starting in September, State Jail time will be counted as 2 days for every day served instead of day for day with no time off for good behavior. Is this true and would it apply to him since he is already there?
i am facing charges on a state jail felony for theft of around 5,000 dollars but have not been convicted yet. as far as i know all the evidence they have is a written confession in which i was stated that I only took $900.00 and the rest was lost. It was a deposit that I was suppose to take to the bank for work. i have a clean criminal history this is the first thing in my life i have gotten into trouble for. do you think i will get to stay out of jail and just get probation?
I have not been in trouble in 13 years. ihave astate jail felony now. they are usen it against me .Does any one think thats right
My boy friend is currently in jail on unlawfal possesion of a firearm by felon in TX. The situation was he was moving from my house to his sister house and using our car. his brother aked if he could leave his things at my home a few months back. I allowed in his things was a gun. when my boyfriend went to remove his brothers things as well the gun was in there. he was pulled over in route to the sisters house and the gun was there. what exception of the rule is there at this time?
I had recieved a State Jail felony for Employee Theft of 10k and I got 0 Jail Time 1.5 Probation, and I have to pay back the money. Just so everyone knows.
i was given deferred adjudication for 10 yrs first offense for aggravated robbery and I have completed 4 years can you tell me if i'm eligible to get it expunged or off early? I have been doing everything that the judge required I received my medical degree? please let me know?