Texas Criminal Law Attorneys

TEXAS CRIME PUNISHMENT RANGES

Classification

Community Supervision (Probation)

Capital Felony

Ineligible for Community Supervision.

- Death; OR
- Life Imprisonment.

 

1st Degree Felony - Up to 10 years Deferred Adjudication.
- 5 to 99 years or Life Imprisonment;
& an Optional Fine not more than $10K.

- 5 to 10 years post-conviction
- Up to 180 days in jail as a condition.

2nd Degree Felony - Up to 10 years Deferred Adjudication.
- 2 to 20 years Imprisonment;
& an Optional Fine not more than $10K.
- 2 to 10 years post-conviction Supervision.
- Up to 180 days in jail as a condition.
3rd Degree Felony - Up to 10 years Deferred Adjudication.
- 2 to 10 years Imprisonment;
& an Optional Fine not more than $10K
- If the offense was committed between
9/1/89 – 8/31/94, There is an option of
confinement for up to one year in a
community correctional facility.
- 2 to 10 years post-conviction Supervision.
- Up to 180 days in jail as a condition.
State Jail Felony - Up to 10 years Deferred Adjudication.
- 180 days to 2 years Imprisonment;
- & an Optional Fine not more than $10K
- Punishment for a Class A Misdemeanor under certain Circumstances
- Initially, 2 to 5 years post-conviction (State Jail). Supervision & up to 10 years with extension.
- Up to 90 days in County Jail as condition
- From 90 to 180 days in State Jail, as condition.
- From 90 to 365 days in State Jail IF offense is Delivery.
- From 90 to 180 days in State Jail as ac ondition following violation of condition of supervision.
Class A Misdemeanor - Up to 2 years Community Supervision;
- Confinement for a term not to
exceed 1 year in County jail; and/or
- A fine not to exceed $4,000.
OR 3 years with extension.
Class B Misdemeanor - Up to 2 years Community Supervision;
- Confinement for a term not to
exceed 180 days in Countyjail; and/or
- A fine not to exceed $2,000.
OR 3 years with extension.
Class C Misdemeanor - Up to 180 days Deferred Disposition
- No Confinement
- A fine not to exceed $500
 
 
Typical Conditions of Community Supervision (Probation).

The following is a list of typical conditions that are required if placed on Community Supervision (Probation).  Additional conditions may be required depending on the offense and the policies of your local Community Supervision and Corrections Department.  Additionally, the judge presiding over your Community Supervision may, at any time, alter or modify the following conditions.

(1)    Commit no offense against the laws of this State or of any other State or of the United States;
 
(2)    Avoid injurious or vicious habits; (I.e., Don’t do anything that you think might get you in trouble).
 
(3)     Avoid persons or places of disreputable or harmful character; (Don’t
    associate with persons on probation or parole).
 
(4)    Report to the supervision officer as directed by the judge or supervision officer and obey all rules and regulations of the community supervision and corrections (probation) department;
 
(5)    Permit the supervision officer to visit you at your home or elsewhere;
 
(6)     Work faithfully at suitable employment as far as possible;
 
(7)    Remain within a specified place (Have a residence where the probation department can find you);
 
(8)    Pay your fine, if one be assessed, and all court costs whether a fine be assessed or not, in one or several sums;
 
(9)    Support his dependents (If you pay child support, make all payments timely and keep current);
 
(10)    Participate, for a time specified, if at all, by the judge in any community-based program, including a community-service work program under Section 16 of this article (Complete all community service hours as directed by the Court and the Probation department);
 
(11)    Reimburse the county in which the prosecution was instituted for compensation paid to appointed counsel for defending him in the case, if counsel was appointed, or if he was represented by a county-paid public defender, in an amount that would have been paid to an appointed attorney had the county not had a public defender (Pay all fees for a Court appointed attorney if one was provided to you by the Court);
 
(12)    If deemed required by the Court, remain under custodial supervision in a community corrections facility, obey all rules and regulations of such facility, and pay a percentage of his income to the facility for room and board (ISF, SAFEP, etc.);
 
(13)    Pay a percentage of your income to your dependents for their support while under custodial supervision in a community corrections facility;
 
(14)    Submit to testing for alcohol or controlled substances;
 
(15)    Attend counseling sessions for substance abusers or participate in substance abuse treatment services in a program or facility approved or licensed by the Texas Commission on Alcohol and Drug Abuse, if so required by the Court;
 
(16) Submit to electronic monitoring, if required by the Court;
 
(17)    Reimburse the general revenue fund for any amounts paid from that fund to a victim, as defined by Article 56.01 of this code, of the defendant's offense or if no reimbursement is required, make one payment to the fund in an amount not to exceed $ 50 if the offense is a misdemeanor or not to exceed $ 100 if the offense is a felony;
 
(18)    Reimburse a law enforcement agency for the analysis, storage, or disposal of raw materials, controlled substances, chemical precursors, drug paraphernalia, or other materials seized in connection with the offense;
 
(19)    Submit a blood sample or other specimen to the Department of Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant; and
 
(20)    If required by the Court, provide public notice of the offense for which the defendant was placed on community supervision in the county in which the offense was committed.

See Art. 42.12 § 11 – Texas Code of Criminal Procedure.