Montgomery, TX asked in Criminal Law and Identity Theft for Texas

Q: Is it possible to receive probation on a 2nd degree felony if it's your first offence ?

Related Topics:
1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Yes, it is possible. It is even POSSIBLE to get probation for MURDER although obviously that is not the likely result. If convicted of a 2nd degree felony, the punishment range is 2 to 20 years in the state penitentiary and a fine up to $10,000. A felony prison sentence can be probated for up to 10 years.

Asking about probation assumes that the government has enough admissible evidence to convict you of the crime. Maybe they do. Maybe they don't. But wouldn't it be better to NOT be convicted than to be on felony probation? If your criminal defense attorney manages to beat the charge then the punishment is nothing, nada, Zilch, ZERO!

There is a huge range of possible punishments depending on factors that are different in each case. Your criminal defense attorney is the person in the best position to know all these factors in YOUR case and give you an honest evaluation of what is LIKELY to happen.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.