State Jail Felonies
The Texas State Legislature in 1993, created the State Jail Division within the Texas Department of Criminal Justice (TDCJ) to ease overcrowding in county and state facilities. A State Jail Felony is punishable by up to two years incarceration in state jail and a $10000 fine.
The goal of the State Jail Division is to provide a community-based facility that offers rehabilitation services to nonviolent offenders. The following are a list of state jail felonies:
- Crimes of Dishonesty
- Theft of services
- Fraudulent transfer of a motor vehicle
- Commercial bribery
- Crimes Involving Children and the Vulnerable
- Abandoning or endangering a child
- Injury to a child, elderly individual, or disabled individual
- Interfering with child custody
- Agreement to abduct from custody (child under 18 years old)
- Criminal nonsupport
- Unlawful Use, Access or Divulgence
- Illegal divulgence of public communications
- Unlawful use of a criminal instrument
- Unlawful interception, use, or disclosure of wire, oral, or electronic communications
- Unlawful use of a pen register or trap and trace device
- Unlawful access to stored communications
- Aiding suicide
- Property Crimes
- Interference with railroad property
- Unauthorized use of a vehicle
- Trademark counterfeiting
- Credit card or debit card abuse
- Hindering secured creditors
- Credit card transaction record laundering
- Criminal mischief
Sentencing Options for a State Jail Felony
The sentencing options for a state jail felony include:
For state jail placement the court can impose:
- a direct sentence with a sentencing range of 180 days up to 2 years; or
- revocation with a sentencing range of the remainder of the sentence up to 2 years.
For state jail probation with state jail time the court can impose:
- shock probation with a sentencing range of no less than 75 days; or
- up-front time with a sentencing range of 90 - 180 days, or up to 1 year for manufacture or delivery of a controlled substance;
- modified condition of probation with a sentencing range.
For a state jail probation with county jail time the court can impose up-front time with a sentencing range of 0-90 days. For State Jail Probation the court can impose community supervision with a sentencing range of 5 years which can be extended to an additional 5 years by court action.
For state jail probation the court can impose community supervision with a sentencing range of 5 years which can be extended to an additional 5 years by court action.
Sec. 12.35. State Jail Felony Punishment - Visit the website of the Texas legislature to find statutes that apply to state jail felony offenses and penalties. Find circumstances in which a state jail felony can be punished as a third-degree felony when a deadly weapon was used or exhibited, the individual has a prior felony conviction or under Section 20A.03 or 21.02, Article 42A.054(a), Code of Criminal Procedure; or when the judgment contains an affirmative finding under Article 42A.054(c) or (d).
This article was last updated on Monday, April 10, 2017.