Criminal sentencing in Texas occurs following the guilt or innocence determination phase of a trial when a defendant is found guilty of a criminal offense. The sentencing phase of a trial is separate from the guilt or innocence phase.
Because there are numerous criminal offenses as well as many levels of crimes, all the way from minor infractions up to aggravated felonies, there are also many different criminal sentences a defendant can face. Many jurisdictions will follow sentencing guidelines that have been created for the purpose.
Sentencing guidelines provide a recommended range of sentencing for each criminal offense. Although they can vary by jurisdiction, sentencing guidelines typically take into account the nature of the offense as well as the defendant’s prior criminal history.
Once these factors are considered, the guidelines will provide a suggested minimum and maximum penalty, which includes jail time and criminal fines. There are also federal sentencing guidelines that are used in certain federal criminal cases.
Examples of possible punishments or sentences that convicted defendants may face can include, but are not limited to:
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- Probation
- Home confinement with an ankle monitor
- Community service
- Fines
- Restitution
- Anger management therapy program
- Substance abuse disorder treatment
- Prison time
- Capital punishment, if used in the state
- Diversion programs
A diversionary program is designed to help make sure that a defendant does not re-offend. For example, when a driver gets their third DUI or DWI, they may be guilty of a criminal offense that can be charged as a gross misdemeanor, which carries a jail sentence of less than one year, or as a felony, which can carry a sentence of several years in prison.
With most diversion programs, the defendant appears in court once a week for a specific number of weeks, then every other week for a specific time frame, and so on until they graduate from the program. While attending the program, the defendant may undergo random drug tests. If they fail, they may face immediate incarceration or other consequences.
A Texas lawyer can provide information on the criminal sentencing process in the state and the possible punishments a defendant can face based on the offense they are charged with.
How Are Sentences Determined in Texas?
A criminal sentence is determined in Texas by a jury or a judge during the punishment phase of the defendant’s trial. The sentence will be determined based on the category of the offense, such as misdemeanor or felony.
The prosecution will determine what criminal offense to charge a defendant with, which may be a misdemeanor, a felony, or multiple offenses. The Texas state legislature determines which criminal offenses are misdemeanors, felonies, and which may be charged as either one, depending on the facts of the case.
A misdemeanor is considered a less serious crime than a felony. Typically, the punishment will be up to one year in jail and smaller criminal fines. Common examples of misdemeanors include, but are not limited to:
There are certain misdemeanor penalties beyond jail time and fines. For example, if a defendant is convicted of a DUI, their driver’s license may be suspended.
If a defendant is convicted of a domestic violence offense, they may be prohibited from owning a firearm. If someone is found guilty of indecent exposure, they may be required to register as a sex offender.
Felonies are more serious criminal offenses that may be punished by a year or more in prison and more substantial criminal fines. Felonies are the most serious crimes individuals can commit.
A convicted defendant may face a life sentence or even the death penalty in certain jurisdictions. Convicted felons serve their time in state prison facilities and not county jails.
Examples of offenses that are commonly categorized as felonies include:
- Murder
- Manslaughter
- Burglary
- Robbery
- Rape
- Larceny
There are some offenses, known as wobblers, that may be charged as misdemeanors or felonies, depending on the circumstances surrounding the crime. For example, if an offense was committed that would typically be charged as a misdemeanor, such as a driving violation, but serious injury resulted, it may be charged as a felony.
Larceny is another example of an offense that may be a felony or a misdemeanor. Even in jurisdictions that do not have wobbler offenses, larceny may be a misdemeanor or a felony, depending on the value of the items that were stolen.
If an individual has any questions about the different categories of criminal charges in Texas or are facing criminal charges in Texas, it is important to schedule a Texas lawyer consultation.
Difference Between Jail and Prison
Many individuals use the terms jail and prison interchangeably. However, they do not mean the same thing.
A jail is typically a smaller, local holding area that is under the control of the county or the city. The time an individual will spend in a jail is shorter, usually less than one year. An individual will often be in jail while they wait for their trial or sentencing.
A prison, in contrast, is under the control of the federal or state government. A prisoner will typically serve a longer sentence than someone in jail, which may span anywhere from a year to a life sentence.
If a defendant is convicted of breaking a state law, they will be sent to a state prison. If a defendant is convicted of breaking a federal law, they may be sent to any federal prison across the country.
In Texas, Is Determining Time To Serve Different for State and Federal Sentencing?
In Texas, different court systems will punish crimes with jail time differently. There are major differences between state courts and federal courts.
Every state, including Texas, can determine sentencing regulations and limitations, as they can create their own laws. Federal courts, on the other hand, are required to follow the same federal guidelines, no matter the state in which they are located.
The Sentencing Reform Act and the United States Sentencing Commission ensure that federal courts fairly sentence defendants in a way that reflects the criminal offense they committed. Federal courts still have discretion in sentencing, but Congress created a system which assigned minimum and maximum sentences for each type of crime, referred to as sentencing guidelines.
Do I Need a Texas Lawyer for Help With Criminal Sentencing?
If you are facing any type of criminal charges in the State of Texas, it is essential to consult with a Texas criminal lawyer. Your attorney can explain the criminal sentencing process, give you legal guidance and advice for your specific situation, and represent you any time you appear in court.
In just a short amount of time, you can complete the LegalMatch online submission process and find a Texas criminal attorney in your area quickly and confidentially who can help you with your needs, whether you simply want an explanation of charges or you need representation in court. In around one business day, you will start to get responses from Texas criminal lawyers near you who are able to help, including information about their background and education, fees, and previous client reviews.
