State Jail Felonies are low-level felony offenses that Bexar County uses to get people into the criminal justice system. People accused of State Jail Felonies in Bexar County need aggressive representation because taking easy plea deals can result in life-long consequences. Aggressive representation can drastically reduce the consequences a defendant might experience after being accused of a State Jail Felony.
What is a State Jail Felony?
In Texas, there are five categories of felony offenses. There are capital crimes, first-degree, second-degree, third-degree, and State Jail Felonies. A State Jail Felony can range from a low-level drug (less than a gram of a Controlled Substance) to a property crime or criminally negligent homicide. When convicted of a State Jail Felony, a person can be subject to confinement in a State Jail facility, as opposed to prison, for six months to two years. Although the amount of prison time is less than other felony offenses, a state jail felony can have permanent consequences. If you are convicted of a State Jail Felony you are a convicted felon and cannot vote and your right to a firearm may be forfeited.
I’ve Been Charged with a State Jail Felony. What Should I Do?
As with any crime, your first step after being accused of a state jail felony is to consult an attorney. An attorney will be able to negotiate with the authorities and will assist you in navigating the courts. An attorney can also help you reduce or avoid the filing of charges.
Is it Worth it to Hire a Lawyer for a State Jail Felony?
Often the State offers deferred adjudication on State Jail Felony offenses. Usually, people take these offers because it allows them to avoid incarceration. However, taking this easy way out sometimes results in people being trapped in the criminal justice system. The maximum amount of probation or deferred adjudication a person can get on State Jail Felony is 5 years. A lawyer can also persuade the State to allow a client to apply for pre-trial diversion. When someone is allowed to participate in pre-trial diversion they can often qualify for an expunction.
How Will My State Jail Felony Conviction Affect Me in Future Cases?
State Jail Felony convictions can be cumulative. Suppose you have previously been charged with two state jail felonies and are convicted for a third. In that case, you will be subject to the same level of punishment as that of a third-degree felony, between two and ten years incarcerated. Now suppose you have been convicted of two other non-state jail felonies. In that case, you will be subject to the same punishment as a second-degree felony of between 2 and 20 years in prison.
Can I Have My Punishment Reduced?
Yes, you can be convicted of a state jail felony while punished as if the crime were a Class A misdemeanor. This requires the court to consider the circumstances of the crime along with your criminal history, character, and rehabilitative needs. The prosecutor’s office must request this. This is commonly known as a 1244. Additionally, state jail felonies are unique in that, unlike other felony punishments, you are ineligible for early release due to good behavior or other means. State jail felony convictions are also ineligible for parole and defendants must serve their sentence “day for day.”
Conclusion
State Jail Felonies are deceptively serious charges. Bexar County uses State Jail Felony offenses to get people without criminal records into the criminal justice system. Avoid the revolving door of probation and incarceration and invest in aggressive legal representation when you’re accused of a State Jail Felony.
If you or someone you know is facing State Jail Felony charges, contact The Locke Law Group today. We have the experience and expertise to help you with your case.