Can You Get Probation For A First Degree Felony In Texas?

What is a first degree felony in Texas?

12.32.

FIRST DEGREE FELONY PUNISHMENT.

(a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years..

Can you get probation for a felony in Texas?

Felony probation is a criminal sentence in Texas. Defendants facing a criminal charge for a felony can be sentenced to felony probation if they are convicted. That probation sentence can be in lieu of jail time. It can also reduce the amount of jail time that has to be served.

Can a felony be dropped to a misdemeanor in Texas?

According to Tex. Penal Code § 12.44, a state jail felony can be reduced to a misdemeanor that results in no jail time. As a reminder: a conviction of a felony means you have a criminal record. … But unlike misdemeanors, as a convicted felon, you can also lose your right to vote and your right to own and use a firearm.

How long does a felony stay on your record in Texas?

three yearsFelony, three years from the date of your arrest.

Can I just go to jail instead of probation?

Can an Offender Always Choose Jail Over Probation? The bottom line answer is yes. However, the judge decides on how long the offender must stay in jail. The defendant and criminal defense attorney must analyze the case.

How bad is a first degree felony?

Conviction of a first-degree felony (being the most serious) can result in up to $15,000 and/or 30 years in prison. Second-degree felonies can result in up to $10,000 and/or 15 years in prison. … Some felonies may incur capital punishment, life in prison or a death sentence. More serious crimes are charged as felonies.

How long does it take for a felony case to go to trial in Texas?

180 daysTrial. According to the Texas felony process, trial will commence within 180 days of the arrest. You and your attorney will have the opportunity before trial to negotiate a plea deal with the prosecution.

What is a Class 2 felony in Texas?

Under Texas law, second degree felonies are punishable by two to 20 years in prison, and a fine of up to $10,000. For example, selling between five and 50 pounds of marijuana is a second degree felony.

What crimes can you get probation for?

Some common felony offender probation conditions involve:required meetings with a P.O.,the payment of restitution,submission to drug testing, in cases of certain drug crimes,performance of community service,abstaining from alcohol (especially in DUI cases),completion of a treatment program,community supervision,More items…•

Does a felony always mean jail time?

Crimes usually fall into one of two categories: misdemeanors or felonies. Misdemeanors are less serious crimes that generally carry a maximum of up to one year in jail. Felonies involve more serious crimes that typically carry sentences of more than one year’s imprisonment up to life in prison.

Do you go to jail right after sentencing?

What Happens at Sentencing? A defendant who has been given a sentence of jail time often wonders whether or not they will be taken to jail immediately. … So, in short: yes, someone may go to jail immediately after sentencing, possibly until their trial.

How do you convince a judge to not go to jail?

Tips for Speaking in Front of the JudgeBe yourself. Well, at least be the best version of yourself. … Do not lie, minimize your actions, or make excuses. … Keep your emotions in check. … The judge may ask you when you last used alcohol or drugs. … Be consistent. … The judge may ream you out.

Can you pay instead of going to jail?

The judge can sentence the offender to pay a fine, pay restitution to the victim, and perform a certain number of community service hours in any combination. … As long as the defendant pays the fine or restitution and completes the community service hours, he will serve his sentence without going to jail.

Can you pay to get out of jail after sentencing?

Those who post bail or are released on their “own recognizance” can stay out of custody while their cases are pending. In some instances, defendants can get out on bail even after they’ve been convicted and sentenced, while they appeal their convictions.

Do first time felony offenders go to jail?

Felony crimes are punishable by prison time and sometimes a fine. … For example, many misdemeanors can come with up to one year of jail time. First-time offenders, however, often get their entire jail sentence suspended, meaning they serve no time in jail.

How do you avoid jail time for a felony?

15 Key Steps to Avoid Prison on Felony ChargesRemain Silent, it’s your Right, use it! … Remain Calm; and Silent. … Hire Experienced Criminal Defense Counsel Immediately. … Do Not Discuss Your Case. … Understand your Charges. … First, Defense Attorney; Second, Bondsman. … Don’t lie to your Attorney. … Do not speak to your family or friends about your case.More items…•

How do I get a felony off my record in Texas?

Many people are eligible to have their criminal records “expunged” in the state of Texas, and others can free their futures of a past criminal record through filing a “Petition for Non-Disclosure” with a local Texas court.

What dollar amount is considered a felony in Texas?

All theft of property valued above $2,500 is considered a felony; if the total value of the stolen items is less than $30,000, a prosecutor will most likely bring this level of charges.