October 22, 2008

Punishment Range for a State Jail Felony in Texas

By Collin County Criminal Defense Lawyer Troy P. Burleson

According to section 12.35 of the Texas Penal Code a state jail felony is punishable by:

a) Confinement in state jail for a term from 180 days to 2 years; AND
b) An optional fine not to exceed $10,000

Community Supervision for a State Jail Felony

A citizen accused of a first degree felony in Texas MAY be eligible for community supervision probation. If a person is eligible for probation, he or she may be place on probation instead of imprisoned for:
a) Up to 10 years of deferred adjudication community supervision; OR
b) From 2 to 5 years of post conviction community supervision; AND
c) From 90 to 365 days in county jail as a condition of probation (depending on the crime charged).

If a court authorizes community supervision for a person accused of a first degree felony, instead of prison, the generally the court will require the accused to spend up to 180 days in county jail as a condition of being placed on probation. Essentially, the person accused MUST go to county jail for a period of time from 90 to 365 days then will be placed on probation from 2 to 5 years.