police handcuffing manThis is the second post in a series of articles discussing state jail felony charges in Austin, Texas. My last article was an overview of the issues I will address in this series. Anytime you are charged with a crime, it is important to understand the serious and long-term consequences of a conviction. State jail felonies are the lowest-level non-misdemeanor charge in the state of Texas. However, these types of charges still carry the possibility of up to two years in jail. In this article we will discuss what Texas residents should understand about such charges. If you or someone you know is in need of assistance, then contact my office to speak with a criminal defense lawyer.

Texas residents can be incarcerated for two years for a state jail felony

A state jail felony in Texas is a non-misdemeanor charge that carries a potential of no less than 180 days and no more than two years. In addition to confinement, the sentence may also include a fine of up to $10,000. Individuals convicted of these crimes are required to spend their sentence in a state jail as opposed to a local or county jail or state prison. In addition to incarceration in a state jail and fines, these offenses, if convicted, come with a permanent criminal record and the potential of being barred from owning a firearm. Having a criminal record can impact your ability to obtain employment, or any endeavor where you need a background check.

A few examples of state jail felonies are:

  • Theft of a firearm
  • Identity Theft
  • Theft of items valued between $1500 to $20,000
  • Abuse of credit cards
  • Falsely reporting child abuse or neglect

These types of offenses can often be elevated to higher level felonies if there are aggravating factors. For example, a state jail felony can be enhanced to a third-degree offense if a deadly weapon was used during the commission of the crime or the individual had been previously convicted of other felonies. Also, such charges may often be paired with other criminal counts. An example of this can include one, who is already a convicted felon, who is arrested for the theft of a firearm. Such an individual may face state jail charges for the theft in addition to a charge for being a felon in possession of a gun.

Retain an Austin criminal defense lawyer if you are facing state jail felony charges

If you have been arrested for a state jail felony, an attorney can help you understand the next steps and what your legal options are moving forward. Retaining an attorney that is experienced with criminal defense is imperative to ensure you have the best chance at avoiding a conviction or receiving a lesser sentence. In preparation of your case, your attorney will assess whether there are any evidentiary motions to file to exclude evidence obtained through unlawful search and seizure. They will also conduct a full investigation of your matter and determine the best possible way forward. This may include attempting to prevail via Motion practice, defending the matter at trial, or an attempt to reach a more favorable resolution with the prosecution.

My law firm practices solely in the area of criminal defense. We are dedicated to representing the accused and providing quality service. We understand that this is a difficult time in your life. My firm is ready to assist you. If you or someone you love has been arrested, contact my office today online or by telephone to speak with an Austin criminal defense attorney. I am Board Certified in Criminal Defense by the Texas Board of Legal Specialization and have been licensed to practice law since 1995.

My office also serves the cities of Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, Georgetown, Cedar Park, Leander, and San Marcos, Texas.