San Antonio, TX asked in Criminal Law, Federal Crimes and Identity Theft for Texas

Q: If the person commits a crime under protective order intentionally commit disaster fraud2017 ,then commits theft steals

Equipment belonging to same veteran, and veteran violated protective order by driving in front of home one year penalty in jail will veteran be incarcerated even if he was the victim of many thefts

2 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: A person is not allowed to violate the law just because they are a veteran. However, some jurisdictions have a special program to give veterans one chance to avoid a conviction by completing 12 to 24 months of sobriety treatment instead. The programs are available to veterans who committed crimes in part because of traumatic brain injury, post-traumatic stress disorder, or other mental disorder that resulted from the defendant’s military service.

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Also, the penalty RANGE for a class A misdemeanor is zero days to 1 year in county jail. Most defendants don't get the max, and the sentence can be probated, so you should have a private consultation with your attorney about the likely outcomes in your specific case.

I forgot to mention that if the state can prove that the defendant violated the order 2 or more times within a 12 month period then the defendant can be convicted of CONTINUOUS VIOLATION which is a 3rd-degree felony punishable by 2 to 10 years in the state penitentiary.

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