Experienced State Jail Felony Criminal Defense in Tarrant County and the Dallas – Fort Worth Area
YES – You need a Criminal Defense Attorney to defend you against a State Jail Felony accusation! Although State Jail Felonies are the least severe felony in Texas, a conviction has serious, life-long consequences – such as, labeling you as a convicted felon, loss of your right to own or possess a firearm, and prison time. The aggressive Tarrant County State Jail Felony Criminal Defense Layers with The Law Office of David Sloane are here to defend you!
What is a State Jail Felony?
A State Jail Felony is the least severe felony offense in Texas (Texas Penal Code § 12.04). Common examples of a State Jail Felony include: driving while intoxicated with a child passenger under 15 years of age (49.045); possession of marijuana between four ounces and five pounds (481.121(b)(3)); possession of a controlled substance under one gram (481.115); and solicitation of a prostitute (48.021(b)).
State Jail Felony Punishment
State Jail Felony offenses are punishable between 180 days to two years in a state jail facility (prison) and a fine not to exceed $10,000 (Texas Penal Code § 12.35).
A person may be eligible for pre-trial diversion, deferred adjudication community supervision, or post-conviction probation depending on the type of offense and criminal history. If eligible for community supervision probation, the supervision period will last between two and ten years (Tex. Code of Crim. Pro. Art. 42A.053).
Can a State Jail Felony be Enhanced?
Yes, the traditional State Jail Felony punishment range may be enhanced depending on a number of factors, including, an individual’s criminal history, whether a deadly weapon was used/ exhibited during the commission of the offense, or where the alleged offense occurred.
For instance, a State Jail Felony may be enhanced to a Third-Degree Felony if an individual has been previously convicted of two State Jail Felonies, or if they exhibited a deadly weapon during the commission of the offense. Additionally, a State Jail Felony may be enhanced to a Second-Degree Felony if the person had been previously convicted of two felonies (Texas Penal Code § 12.425).
These enhancements are particularly severe, as they could be the difference between facing 20 years in prison, instead of only two.
Can a State Jail Felony be Reduced to a Misdemeanor? 12.44s Explained
There are two primary ways a State Jail Felony may be reduced to a misdemeanor: (1) negotiation of a plea to a lesser included Class A Misdemeanor offense, or (2) reduction of the State Jail Felony offense to a Class A Misdemeanor pursuant to Texas Penal Code §12.44.
A great attorney will tirelessly fight to have a State Jail Felony reduced to a misdemeanor if the attorney does not believe the matter can be dismissed. The State Jail Felony Criminal Defense Lawyers with The Law Offices of David Sloane utilize their in-depth legal knowledge, dedicated work ethic, and drive to regularly negotiate reductions of State Jail Felony offenses to Class A or Class B Misdemeanor Offenses to secure the best result for their clients.
A State Jail Felony may also be reduced to a Class A Misdemeanor pursuant to Texas Penal Code § 12.44; however, particular attention to the details is needed, as one subsection still results in a felony conviction.
Pursuant to § 12.44(b), a State Jail Felony Offense may be reduced to a Class A Misdemeanor at the request of the prosecuting attorney – meaning the defense attorney must convince the prosecutor to agree to the reduction. Under this subsection, the matter is completely reduced to a misdemeanor and does not result in a felony conviction.
Pursuant to § 12.44(a), a State Jail Felony Offense may be punished as a Class A Misdemeanor if the Court finds it would best serve the interest of justice. Under this subsection, the offense would still result in a felony conviction, but only be punishable up to one year in the county jail and a fine up to $4,000, instead of the traditional State Jail Felony punishment range.
How to Fight - Contact Us for a Free Consultation with our Tarrant County State Jail Felony Criminal Defense Lawyers
Our Tarrant County State Jail Felony Criminal Defense Lawyers have helped thousands of clients fight Class A Misdemeanors throughout the greater Dallas – Fort Worth Area, such as:
Contact us today at (817) 349-7118 for a FREE Consultation with the Tarrant County State Jail Felony Criminal Defense Lawyers at The Law Offices of David Sloane!