third degree assault jail time

Third Degree Assault Jail Time - It's natural to feel scared and anxious after an arrest, regardless of the alleged crime. You are suddenly faced with an uncertain future and wonder how it will affect you, your loved ones and your life. While misdemeanors carry severe penalties in Texas, being charged with a felony can change your life dramatically. If you've been arrested in Houston, Pearland, or Brazoria County and charged with third-degree assault, contact an experienced criminal defense attorney immediately and consider the following steps.

There are many types and degrees of assault offenses under Texas law. Title 5, Section 22.01 of the Texas Criminal Code defines assault as “willful, intentional, or physical harm to another person, including a person's spouse.” Most offenses under this definition are class A misdemeanors, but are elevated to a third-degree felony when committed against a specific type of victim. For example, injuring a public employee, security guard, emergency services worker, or family member, or a prior conviction for domestic violence may result in a charge of third-degree criminal assault.

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In Texas, the maximum penalty for a third-degree felony is 2 to 10 years in prison and a $10,000 fine. Once you get arrested, you can instantly jump for the worst results. Before you panic and assume your life will never be the same again, consult an experienced criminal defense attorney. Working with an experienced criminal defense attorney is your best bet to reduce fees and penalties.

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Many defendants feel the need to explain themselves - maybe the argument got out of hand, or the whole incident was a big misunderstanding. However, it is always in your best interest to avoid overdoing it. Law enforcement officials may try to get you to tell "your story," but they will often use your words against you later to strengthen the prosecutor's case. Instead, avoid talking about the incident until you've spoken to your attorney. Together you can develop a solid legal strategy to protect your rights and your future.

Contact the law firm of Keith G. Allen, PLLC by phone today at (832) 230-0075 to schedule a free consultation with a Pearland specialist criminal defense attorney. These are the penalty ranges for what is considered a common offense in Texas. This means that the sentence may vary depending on the specific circumstances of the case and the individual's criminal record. In addition, a person who has no criminal record may be eligible for a prison sentence. In some cases, a probationary period is mandatory. This page is a helpful guide, but Texas criminal law can be confusing. Therefore, you need to speak to a criminal defense attorney who can fully explain the range of crime penalties in Texas and the possibility of parole.

For many years, Texas only had four classifications for crimes (1) felonies; (2) first-degree misdemeanor; (3) a second-degree felony; and (4) a third-degree felony. In 1993, the Texas legislature introduced a lesser crime charge known as "state prison felonies". Crimes in state prison are generally based on the severity of the sentence: 180 days to 2 years (up to $10,000) in Texas Department of State prison. Department of Justice (TDCJ). The state of Texas created this low-level crime case to address prison overcrowding caused by widespread drug-related prosecution.

So what does state prison mean? This means the charge is the lowest offense in Texas and special rules apply to sentencing and release. These include regulations on probation, the length of the sentence, the “good time”, the application for the next person and the place of detention.

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Most people convicted of felonies in state prison face up to 180 days in prison, two years in prison in Texas. In addition to state prison terms, individuals can be fined up to $10,000 (the maximum standard penalty for the offense). Unlike other crimes in Texas, probation does not apply to charges in state prison. That is why we often say that these sentences are served “day by day”. There is a program called Diligent Participation Credit that can reduce state jail time, but it's not automatic. Your criminal defense attorney should be able to explain: 1. How to conduct credit due diligence; and 2. whether the judge in your case normally recognizes this. In addition to the usual state penalties, there are more severe "corrective sentences" that the government may be able to impose on your case.

* As you can see, state prison sentences get complicated - consult a defense attorney for a better explanation.

As such, criminal penalties in Texas state prisons can vary widely based on criminal history and specific circumstances. Don't make the mistake of talking to a criminal defense attorney about your charges.

A criminal history or other circumstances may make a felony in state prison a third-degree felony.

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If you're prosecuted in Texas, you may have heard of getting a "12.44". This relates to Texas Penal Code Section 12.44, which provides for a state prison sentence or reduced sentence for a Class A felony (Tarrant County maximum 1 year).

Instead of sending someone to the TDCJ - State Jail Division (prison), the criminal court can sentence someone to the Felonyto County State Jail for a Class A misdemeanor. For this court, the judge must determine that "the criminal court, having regard to the seriousness and circumstances of the offence, as well as the defendant's history, character and rehabilitation needs, shall determine that the punishment is most equitable".

A reduction under 12.44(a) does not require prosecutor approval. This means that the judge can decide this in the verdict and is not limited to just plea hearings.

Unfortunately, even if the sentence is reduced, a state prison sentence imposed under 12.44(a) is still a conviction, which means:

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Instead, instead of serving six months to two years a day in state prison, you may be sentenced to: (1) up to one year in county prison; or (2) two-year probationary period. Upon sentencing, you may receive a "good time credit" allowing for the trial of the prison's black sheriff.

Part B requires the prosecutor to agree to the cut. Therefore, the prosecutor may (through a plea or a conviction) request that the judge reduce the state prison charge to a Class A misdemeanor. Although 12.44(b) has two possible sentences, it does not result in a conviction. A conviction under 12.44(b) is an unlawful conviction. An offense prosecuted under 12.44(b) shall not subsequently be used to aggravate other offenses. This is a better option, but less common.

A Texas state prison felony carries a penalty of 180 days to 24 months in a state prison. In general, state prison sentences are "commonplace". Unlike sentences in county jails, inmates do not receive "2 for one" for "good time credit" or "expert credit." Unlike a prison sentence (felony 1st, 2nd, or 3rd degree) in the Texas Department of Criminal Justice - Department of Institutions, prisoners are not put on paper for "good times." While this may be daunting for anyone confronted with a crime in state prison, there are programs that can help offenders spend less time in state prison. This is known as a due diligence equity loan.

As of September 1, 2011, convicts in state prisons are eligible for the diligent attendance credit program. With diligent participation, individuals may receive time credits for their participation in state prison programs such as education, work, and substance abuse treatment. Inmate involvement requires diligence, which means the individual must successfully complete the project or make meaningful progress toward completion that is hampered by something beyond the inmate's control.

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The Texas Department of Criminal Justice must report to a district judge the number of days an inmate has conscientiously attended a program no later than 30 days before the offender serves 80% of his sentence. For the date the report must be sent, multiply the number of days you were sentenced by 0.8 and then subtract 30. This is the day the TDCJ must send you the sentencing report. State prisons report conscientious attendance for each day of incarceration when an inmate arrives at a state prison facility. Return time or refund is possible. Court judges can credit up to 20% of the person's sentence through this program.

However, there are some exceptions to the due diligence credit program. prisoners found guilty of disciplinary measures such as refusal to work; refusing to go to school or do schoolwork; or denial of a necessary treatment program will not be eligible for credit for diligent participation. Detainees in solitary confinement or administrative segregation are not entitled to credit for this day.

On September 1, 2015, a new option was made available to inmates. At the time of the verdict, the verdict

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