Quick Answer: Can You Get Probation For A Third Degree Felony In Texas?

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..

Can my felony be reduced to a misdemeanor?

How Can a Felony Be Dropped to a Misdemeanor? A felony charge can be dropped to a misdemeanor charge through a plea bargain, mistake found by the arresting officer or investigations, or by good behavior if probation was sentenced for the crime.

What is a 1st degree felony in Texas?

Crimes and punishmentsOffenseMaximum PunishmentFirst degree felony5-99 years or life; $10,000 fineSecond-degree felony2-20 years; $10,000 fineThird-degree felony2-10 years; $10,000 fineState jail felony180 days to 2 years; $10,000 fine6 more rows

How bad is a third degree felony in Texas?

THIRD DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years.

Is a 3rd degree felony bad?

Third-degree felonies, can result in up to $5,000 and/or 5 years in prison. Some felonies may incur capital punishment, life in prison or a death sentence. More serious crimes are charged as felonies.

Which is worse 1st degree or 3rd degree felony?

A first degree felony includes the crimes of kidnapping, rape and arson, and is more serious than a felony of the third or fourth degree. Murder and aggravated murder are generally considered “unclassified” felonies with a potential penalty of death or life in prison without parole.

Is jail time mandatory for a felony?

California Felony Sentences California law authorizes the court to impose a sentence for a felony conviction. The fact that a sentence is authorized does not necessarily mean that a sentence will be imposed. Unless the law requires a sentence to jail or prison, a judge might instead place the defendant on probation.

Can you get probation for a felony drug charge in Texas?

If you have never been convicted of a felony before, then Texas law mandates that the Judge must give you probation. In addition, even if you have been arrested of a felony drug charge before and even if you have a previous 12.44a, the Judge still must give you probation even if the State does not want to agree.

What’s the worst felony?

Class A felonies (or level 1 felonies) are the most serious of crimes. Examples of class A felonies can include: first degree murder, rape and kidnapping. Because these types of crimes are considered to be the worst of the worst; the most severe penalties are imposed for class A (level 1) felonies.

Can you get probation for a 2nd degree felony in Texas?

A Second Degree Felony is punishable by a minimum of two years in prison and a maximum of 20 years in prison. … Depending on a person’s criminal history, probation (Community Supervision) or deferred adjudication may be an option for a 2nd Degree Felony in Texas. The length of probation may be from 2 years to 10 years.

Can you get probation for a 1st degree felony in Texas?

Is probation an option? Probation can be an option for certain first degree felony convictions in Texas. Probation is an alternative to serving time in jail. Some defendants convicted of first degree felonies can be put on probation rather than sent to prison.

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…•