D.A. Confidential: What crime gets what sentence?

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:

confinement in prison for not less than two years, and not more than ten years; and
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:

AnonymousDecember 13, 2009 at 11:57 AM
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..."?
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