subject: Texas Law: State Jail Felony Crime And Punishment [print this page] In Texas criminal law, there is a special classification of felony offense call a "State Jail Felony." Although still a felony, it is a criminal classification all its own. State Jail Felonies are more serious than Class A Misdemeanors, and less serious than Third Degree Felonies. Defendants who are convicted and sentenced on a State Jail Felony charge will serve their sentence in a State Jail Facility. These are Texas penal facilities separate and apart from the regular prison system and county jail systems. For persons convicted of felonies of the third degree and higher, they will serve their sentences in the Institutional Division of the Texas Department of Criminal Justice. Those convicted of misdemeanors will serve their sentences in the county jail. For State Jail Felony convicts, sentences are to be served in a Texas State Jail Facility. And unlike prison, there is no parole. Are sentences are served day for day.
They following is the Texas statute relating to State Jail Felonies:
Sec. 12.35. STATE JAIL FELONY PUNISHMENT. (a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.
(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.
(c) An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or
(2) the individual has previously been finally convicted of any felony:
(A) under Section 21.02 or listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; or
(B) for which the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure.
by: Texas Law Guy
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