Houston, TX asked in Domestic Violence for Texas

Q: If you violated your domestic violence probation with a second domestic violence how long of jail will someone face?

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Domestic Violence Lawyer
  • Austin, TX
  • Licensed in Texas

A: If probation is revoked on the initial charge then sentence was already specified (unless it was deferred adjudication in which case the entire punishment range is possible.)

The second one is a separate crime which could be charged as a third-degree felony because of the prior case. The punishment range on an F3 is 2 to 10 years in the state penitentiary but probation may also be possible.

However, if the second case involves strangulation or suffocation it can be charged as an F2 because of the prior, which makes the punishment range 2 to 20 years in the pen.

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