Hyatt & Hyatt, PLLC is ready, willing and able to provide assistance to clients in dire straits. Felonies, whether Capital or State Jail, have implications that last a lifetime. Whether you're a hunter who wants to continue to be allowed to lawfully possess a firearm, or a party who's had a few scrapes with the law, we have the knowledge and experience to help navigate the Criminal Justice System.
In Texas, there are five classifications of Felonies: Capital, First Degree, Second Degree, Third Degree, and State Jail Felonies. The punishments prescribed by these different levels of punishment vary from the Death Penalty to six months in a State Jail Facility.
Capital Felonies are the most serious punishment available to prosecutors. Per the Texas Penal Code, if the State is seeking the Death Penalty in a case, the options are limited to either the Death Penalty or Life Without Parole.
The punishment range on a First Degree Felony is 5 to 99 year confinement and a fine not to exceed $10,000. For Second Degree Felonies, the range of punishment is 2 to 20 years and a fine not to exceed $10,000. Third Degree Felony punishment is from 2 years to 10 years and a fine not to exceed $10,000. State Jail Felonies punishment is from 180 days to 2 years, with a fine not to exceed $10,000. The type of time an individual does depends on the type of felony they are serving time for. If an individual is serving time on a 1st, 2nd or 3rd degree felony, they are doing “TDC” time. As such, there are a variety of different dates that come into play: Maximum Sentence Date, Projected Release Date, Parole Eligibility Date.
With respect to a State Jail sentence, for State Jail offenders who’s date of incident is after September 1, 2011, the legislature enabled the trial court to grant what is considered Diligent Participation Credit for offenders. Basically, the trial court has the option to grant individuals sentenced to State Jail time credit for not getting in trouble during their stay in State Jail and participating in programs at the facility. What happens is that 30 days prior to the 80% mark, TDCJ reports to the trial judge the number of days a State Jail offender has diligently participated in services at the Jail. This is designed to be an incentive for inmates to work through education programs and rehab. There are exceptions to the rule, but Judges may credit up to 20% back to the State Jail offender.
With respect to sentence punishment ranges, these can be found in the Texas Penal Code, §12.04, §§12.31-12.3. The Texas Penal Code is available online at http://www.statutes.legis.state.tx.us/?link=PE
An indepth discussion of the State Jail Diligent Participation Credit can be found at https://www.tdcj.state.tx.us/divisions/cid/cid_support_ops_class_HB2649.html
If you have any questions about the above provided information, contact a licensed attorney. Hyatt & Hyatt, PLLC is a firm of Board Certified Specialists whose experience and dedication lead to results.