Question: Can You Get Probation For A Felony Drug Charge In Texas?

What is a first degree felony in Texas?

Crimes and punishmentsOffenseMaximum PunishmentFirst degree felony5-99 years or life; $10,000 fineSecond-degree felony2-20 years; $10,000 fineThird-degree felony2-10 years; $10,000 fineState jail felony180 days to 2 years; $10,000 fine6 more rows.

What dollar amount is considered a felony in Texas?

“Class A” misdemeanor: $500 or more, but less than $1,500. State jail felony: $1,500 or more, but less than $20,000. Third degree felony: $20,000 or more, but less than $100,000. Second degree felony: $100,000 or more, but less than $200,000.

What is a felony drug charge in Texas?

Any amount above 4 grams by weight will be charged as a felony under Texas law. For smaller amounts, you will face up to a year in county jail. But a conviction for more than 400 grams of a Group 2-A substance carries a potential sentence of between 2 and 20 years in state prison as well as a fine of up to $10,000.

Most prescribed drugs are legal in Texas. However, even with a prescription, charges for drug possession can apply in certain circumstances.

What amount of drugs is a felony?

Less than 1 gram: a state jail felony with possible punishment of up to 2 years in jail and a fine of up to $10,000. 1-4 grams: a 2nd degree felony with possible punishment of 2-20 years and fine of up to $10,000. 4-200 grams: a 1st degree felony with a possible punishment of 5-99 years and up to a $10,000 fine.

What is considered a dangerous drug in Texas?

According to Texas Health and Safety Code § 483.0001, a dangerous drug is a device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of the Texas Controlled Substances Act.

How bad is a third degree felony in Texas?

THIRD DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years.

Can you get probation for a felony drug charge?

Therefore, it is unlikely that you would receive probation for a felony drug charge – even if it is your first offense. … Your attorney may be able to negotiate a lesser charge, which then opens the potential for serving probation rather than a mandatory jail sentence.

Can you get probation for a 3rd degree felony in Texas?

Probation is an option for people convicted of a third degree felony. In Texas, this is also known as community supervision. It is different from parole, which requires there to be time served in jail.

Can you beat a felony charge?

A felony charge can be dropped to a misdemeanor charge through a plea bargain, mistake found by the arresting officer or investigations, or by good behavior if probation was sentenced for the crime. … For example, a Federal crime as serious as terrorism will never be a misdemeanor and therefore cannot be reduced.

Is Texas State jail time day for day?

If you are sentenced to serve time in a Texas state jail, it’s likely that you will have to serve your entire sentence, no matter how good your behavior. No parole here. State Jail time is day for day, whereas it is possible in prison to earn good time and parole.

How does probation work in Texas?

Straight Probation or Regular Probation in Texas is when the Judge finds you guilty of your criminal offense and sets the number of months that you are on probation. … The Judge accepts your plea and finds you guilty. Then you’re sentenced to a certain amount of time in either jail or prison.

Can you get probation for a felony in Texas?

Felony probation is a criminal sentence in Texas. Defendants facing a criminal charge for a felony can be sentenced to felony probation if they are convicted. That probation sentence can be in lieu of jail time. It can also reduce the amount of jail time that has to be served.

Is selling drugs a felony in Texas?

Penalties and Plea Deals Texas drug trafficking or distribution laws charge the crime as a felony upon which a wide gamut of penalties may be imposed. It may be anywhere from a state jail felony, which carries the lightest sentence, to a first degree felony, which carries the harshest.