Tuesday, December 8, 2009

What crime gets what sentence? - Part II

Last week I started at the bottom of the felony rung, with state jail felonies. Moving up one step we arrive at the third degree felony.

First, the penalty range:
  1. confinement in prison for not less than two years, and not more than ten years; and
  2. an optional fine not to exceed $10,000.
Second, some of the offenses we see that are third degree felonies. I have highlighted the three that I see the most in my practice:
  • Aggravated perjury
  • Assault of a family member/spouse
  • Deadly conduct (with a firearm)
  • DWI (3rd offense)
  • Indecency with a child by exposure
  • Possession of a firearm by a felon
  • Tampering with evidence
  • Assault of a public servant or peace officer
  • Injury to elderly/child/disabled person
  • Escape (when underlying offense is a felony)
  • Stalking
  • Intoxication assault (i.e. injury someone while committing a DWI)
  • Bail jumping

1 comment:

  1. Greatly appreciate the education! Question though, on the word "aggravated" - I understand that for assaults it can mean assault with a weapon, but aggravated perjury? Would that be waving a knife around on the witness stand yelling, "I didn't do it! I didn't do it! Well, okay, I really did..."?


Comments posted to this blog are NOT the opinion of the Travis County D.A.'s office, under any circumstances. They are only the personal, non-representative opinion of D.A. Confidential if posted under his name.
I welcome all comments, as long as they are expressed with politeness and respect. I will delete all comments that I deem to be personal attacks, or that are posted merely to antagonize or insult.