Every criminal charge in Texas is serious and can lead to dire consequences, but felony charges are even more damaging and can result in prison time.
If you’re facing a felony charge, protecting your rights from the start and strategizing a solid defense moving forward is paramount, and for that, you need the skilled legal guidance of an experienced Round Rock criminal defense attorney in your corner.
Factors that Can Affect Sentencing
Several factors can affect sentencing in felony cases, and in some situations, mandatory minimum sentencing applies. Consider the following factors that will affect the outcome of your case:
The circumstances of the case will directly affect how you are charged and the sentence you face.
If you have no prior criminal record or felony record, the court may go easier on you.
If you have a checkered legal past, the charge you face and the attendant sentence can be enhanced.
The felony charge against you will be specific to your situation, and working closely with a trusted Round Rock criminal defense attorney from the outset is always to your advantage.
Misdemeanors vs. Felonies
Before breaking down felony charges in Texas, it’s important to address how these charges differ from misdemeanor charges. While misdemeanors are by no means the slap on the wrist that many people seem to think they are, they are less serious charges in the sense that they carry lighter sentences. The dividing line between a misdemeanor and a felony charge is sentencing.
If the potential sentence attached is no more than a year in a county jail, the charge is a misdemeanor. If the sentence involves more than a year in a county jail, state jail, or prison, it’s a felony. It’s important to note that sentencing in Texas reflects the state’s position on how harmful the crime is from a public policy standpoint.
State Jail Felonies
State jail felonies are the lowest level of felony charge in Texas, and they are something of a hybrid between misdemeanors and felonies. Special rules apply to state jail felony charges:
There is a specific punishment range of 180 days to two years in the State Jail Division of the Texas Department of Criminal Justice (TDCJ), along with fines of up to $10,000.
Those convicted can’t be paroled.
Those convicted don’t earn time off for good conduct.
This class of felony was created in 1993 in response to the overcrowding of prisons based on the state’s extensive prosecution of drug charges.
State Jail Felony Reductions
State jail felonies can be reduced to Class A misdemeanors through Section 12.44(a) of the Texas Penal Code if the judge handling the case deems it in the best interest of justice based on factors like the following:
The nature of the offense
The circumstances involved
The defendant’s overall character and rehabilitative needs
The court doesn’t need the prosecution’s consent to employ this lesser punishment, but the charge itself remains a felony on the individual’s record. The person sentenced receives the following benefits with a sentencing reduction:
A lesser sentence of up to a year in a county jail – as opposed to from six months to two years in a state jail facility
The possibility of receiving credit for good time
The potential of serving two years of probation instead of jail time
County jails are generally considered to have less harsh conditions than state jails, and these facilities are often closer to home, which makes it easier for family members and loved ones to visit.
However, defendants face several downsides because the charge is still a felony on their record:
The criminal charge can’t be expunged.
The convicted person isn’t eligible for probation if they face another felony charge.
The convicted person is banned from possessing a firearm under federal law and in most situations under Texas law.
Another potential reduction falls under Section 12.44(b) of the Texas Penal Code, which allows the same sentencing reductions but goes on the defendant’s record as a misdemeanor rather than a felony. This arrangement means that the offense can’t be used to enhance a subsequent felony charge. However, this option can only be employed if the prosecution consents.
State jail felonies can have a serious impact on your future. If you’re facing a state jail felony charge, contact a criminal defense attorney today.
State Jail Felony Enhancements
A state jail felony charge can also lead to an enhancement that translates to punishment as a third-degree felony. The following factors can support an enhancement:
If the defendant already has a state jail felony conviction on his or her record
If the defendant used or exhibited a gun during the commission of a state jail felony or during the immediate flight following the crime’s commission
If the defendant participated in a state jail felony when they knew a deadly weapon would either be used or exhibited
If the defendant has been convicted of either continuous trafficking of persons, continuous sexual abuse of a child, or a “3G” offense, which requires that at least half the sentence be served before parole eligibility sets in
Day-for-Day Service and the Diligent Participation Credit
State jail felony offenses generally must be served on what is known as day-for-day service – with no credit for good behavior the way there is in county jail. And unlike prison time in a felony sentence, there is no parole for good time credit when a state jail felony is involved.
While it may seem as if there’s little motivation for those serving state jail sentences to toe the line, there is a program called Diligent Participation Credit in place that can help offenders ultimately serve less time in the state jail facility.
Offenders can earn time credit for participation in specific programs the jail offers, including in the following categories:
Substance abuse treatment
Continuing education
Work
For the credit to apply, the inmates’ participation in the program must be considered diligent, which means that they authentically tried to complete the program, and if they failed to do so, it was due to factors outside their control. The number of days successfully completed can reduce the individual’s sentence, but only after they’ve served 80 percent of the total sentence.
The sentencing judge also has an option that presumptively entitles a defendant to receive a diligent participation credit that applies as long as they actually participate during their incarceration. This decrease in sentencing goes into effect on the 45th day before the person reaches 80 percent of their sentence.
The motivation behind offering these options is encouraging inmates to pursue rehabilitation.
Third-Degree Felonies
From state jail felonies, Texas moves to third-degree felony charges, which carry 2 to 10 years in state prison and fines of up to $10,000. Depending on the severity of the crime, the circumstances involved, and the individual’s criminal history, community supervision (probation) may also be an option. When probation is employed, it’s generally set for 2 to 10 years.
The following offenses are common third-degree felony charges:
Tampering with physical evidence
Theft of property valued from $30,000 to $150,000
Moving from a state-jail felony into the realm of straight felonies calls for a look at the kind of facility involved.
County Jail
Generally, everyone in a county jail falls into one of the following categories:
They are being held there temporarily while they await bail being set – or while they await a case resolution if they can’t post bail.
They have been convicted of a misdemeanor that carries a sentence of less than a year.
While county jail typically affords inmates more opportunities for visitors, there is generally less for them to do, and the amenities – such as meals and recreation opportunities – are known to be lacking. Ultimately, county jail has earned a reputation for being quite dull.
State Jail
Everyone in a state jail is there because they were convicted of a crime and sentenced to do time in the facility – generally for a state jail felony. In essence, the state jail facilities in Texas are minimum security prisons for those convicted of nonviolent crimes. While security is much lower in state jails than in state prisons, they also tend to offer fewer services.
State Prison
Texas state prisons employ far more serious security measures, but they also have more resources for inmates:
Better meals
Better commissary selections
Libraries
Larger and more extensive recreation areas
Education opportunities
Substance abuse programs
Second-Degree Felonies
Second-degree felonies carry even heftier sentences that range from 2 to 20 years in prison with fines of up to $10,000. With a second-degree felony charge, probation – or deferred adjudication of 2 to 10 years – may still be possible, depending upon the circumstances and the individual’s criminal history.
The following offenses are common second-degree felony charges:
The nature of the crime plays a primary role in how long the convicted person must serve before they are eligible for parole. There are minimum service requirements if the charge is for an aggravated crime, is classified as 3G, or involves a deadly weapon.
The penalty for a second-degree felony can be elevated to the level of first-degree if the person who has been convicted is identified as a repeat felony offender, and it can be enhanced further if they are identified as a habitual felony offender.
In other words, felony sentencing laws in Texas are as serious as they are complex – reach out for the practiced legal representation of an accomplished Round Rock criminal defense attorney today.
First-Degree Felonies
First-degree felony charges begin with minimum sentencing of five years for a first-time offender, which can go all the way up to 99 years or life in prison – with fines of up to $10,000. If the charge isn’t the convicted person’s first felony (excluding state jail felonies), the punishment minimum is increased to 15 years.
However, even first offenses can have increased minimum sentencing. For example, if the first offense is aggravated sexual assault, the minimum sentencing starts at 25 years when the victim is under the age of 6 or when threats of serious bodily harm or death were used against a victim who is under the age of 14.
The following offenses are common first-degree felony charges:
Attempted capital murder
Aggravated kidnapping
Aggravated sexual assault
While those convicted of a first-degree felony are far less likely to receive parole at any point, it is possible. If you are seeking parole in relation to a first-degree felony charge, contact a skilled criminal defense attorney for the support you need.
Capital Felonies
Capital felonies are the most serious charge in the State of Texas, and they include very serious crimes like treason and capital murder. For a murder to qualify as a capital murder, at least one of the following kinds of factors must apply:
The murder was committed during the commission of another felony.
The victim was under the age of 10.
The victim was a police officer or firefighter.
The murder was for payment or the promise of payment.
Punishment for a capital offense depends upon the offender’s age and whether or not the prosecution chooses to seek the death penalty. Those offenders who are not yet 18 at the time of the crime’s commission are not eligible for a sentence of life without the possibility of parole or for a death sentence.
If the prosecution seeks the death sentence, a conviction means either life without the possibility of parole or a death sentence. If the prosecution doesn’t seek the death sentence, a conviction means life without the possibility of parole.
Discuss Your Case with an Experienced Round Rock Criminal Defense Attorney Today
Brett Pritchard at the Law Office of Brett H. Pritchard – proudly serving Round Rock – is a formidable criminal defense attorney who recognizes the severity of your situation and has the legal insight, resources, and experience to strategize an effective path toward a favorable case resolution.
For more information, please don’t wait to contact us online or call us at (254) 781-4222 and schedule a FREE consultation today.