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 ?

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • 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.

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