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  1. #1
    Join Date
    Jul 2006
    Posts
    23

    Default Effect of Felony Probation

    After a long process, the prosecutor working with my wife and I in the case against her attacker, informed us that they are close to reaching a plea bargin. They are offering him the opportunity to plea nolo on a 2nd Degree Felony Burg of Habitation. We are in Texas. What would an expected punishment be for this? This is a first offense for her attacker, thus the reason I've posted this under the Probation Section. How will his life be effected if he's on felony probabtion? How long would you guess he would be on probation?
    Thanks for any insight.


    Quote Quoting husband
    View Post
    Based upon the details below, what charges do you believe should be filed in this case? This took place in Texas.

    - The crime took place early morning while my wife was home with our two young kids; they were all asleep. The defendent came in our house through an unlocked front door. After entering, my wife heard him and awoke to see him standing at the end of our hallway.
    - She told him to leave multiple times.
    - She was scared to act in a defensive manner, fearful for the safety of our two children, therefore she didnt call 911.
    - He grabbed her arm and told her that she has nothing to worry about, and that he was a safe person.
    - He rubbed her grabbed her around the waist, then rubbed her neck and told her not to be tense.
    - He then rubbed her stomach, head, arms, and waist while standing in our kitchen.
    - She then walked out our kitchen door onto the patio, because in her mind, if he was going to rape or kill her, she didnt want our kids to have to witness it, or be harmed in the process.
    - He followed her outside, and sat her down on the patio couch
    - He sat on his knees in front of her and continued rubbing her, now including her legs and her vagina. She was wearing pants; his fingers did not penetrate her.
    - She was obviously having trouble breathing, told him that she was absolutely freaking out, and again told him to leave.
    - After hanging around inside the house, he then walked around the outside of the property for approximately 5 minutes, then he left.
    - Police were called, and they obtained a written statement from her.
    - Over the next 2 hours he emailed her 3 times, stating that he hoped she was breathing again, and he wanted to see her again
    - Police suggested we respond to his emails and ask him to return that evening
    - When he returned, he was arrested by police
    - Later that night he was released, and allowed to return to our house to pick up his van, which he left running in the empty lot adjacent to our property, with a Rottweiler dog inside.

  2. #2
    Join Date
    Jul 2006
    Posts
    392

    Default Re: Prob question

    According to this Texas attorney, he faces jail time. It is found under second degree felonies (burglary of habitation). I don't know if this is lowered because of it being a first offense or not. This is just for reading.

    FELONIES
    Capital Felony
    Confinement: Life in prison or death
    Fine: None

    First Degree
    Confinement: 5 - 99 years or life in prison
    Fine: $10,000 maximum

    Second Degree
    Confinement: 2 - 20 years in prison
    Fine: $10,000 maximum

    Third Degree
    Confinement: 2 - 10 years in prison
    Fine: $10,000 maximum

    State Jail Felony
    Confinement: 180 days - 2 years in state jail
    Fine: $10,000 maximum
    MISDEMEANORS
    Class A
    Confinement: Up to 1 year in county jail
    Fine: $4,000 maximum

    Class B
    Confinement: Up to 180 days in county jail
    Fine: $2,000 maximum

    Class C
    Confinement: None
    Fine: $500 maximum
    * Punishments ranges may be enhanced (increased) depending on the type of offense, the criminal history of the defendant, and whether a deadly weapon was used or exhibited. Eligibility for probation depends on the type of offense and the criminal history of the defendant.

    PUNISHMENTS FOR PENAL CODE VIOLATIONS
    FELONIES
    Capital Felony - Capital murder

    First Degree - Murder, aggravated kidnapping, aggravated assault (public servant or witness, aggravated sexual assault, injury to child / elderly / disabled (intentionally or knowingly inflicting serious bodily injury),tampering with consumer product (serious bodily injury), arson (bodily injury, habitation, church), aggravated robbery, burglary with intent to commit felony, money laundering > $100,000

    Second Degree - Murder, manslaughter, aggravated kidnapping, unlawful use of electronic communication, indecency with a child (sexual contact), sexual assault, aggravated assault, injury to child / elderly / disabled (recklessly inflicting serious bodily injury), abandoning / endangering a child, tampering with consumer product, arson, robbery, burglary of habitation, money laundering $20,000 to $100,000, bribery, intoxication manslaughter

    Third Degree - Kidnapping, unlawful use of electronic communication, indecency with a child (exposure), assault (public servant, enhanced family violence), coercing gang membership, injury to child / elderly / disabled (intentionally or knowingly inflicting bodily injury), deadly conduct (discharge of firearm), terroristic threat (to cause impairment of public utility, tampering with consumer product (threat), prohibited sexual conduct, enticing a child, sale or purchase of child, advertising for placement of child, theft of trade secrets, forgery (money, securities), money laundering $3,000 to 20,000, obstruction or retaliation, aggravated perjury, impersonated a public servant, resisting arrest with deadly weapon, hindering apprehension of a known felon, escape from correctional facility, prohibited substance in correctional facility, barratry, falsely holding self out as lawyer, unauthorized practice of law, taking a weapon from a peace officer, stalking, possession / promotion of child pornography, possession of firearm by felon, possession of body armor by felon, prohibited weapons, components of explosives, intoxication assault,

    State Jail Felony - Criminally negligent homicide, unlawful use of a criminal instrument, unlawful use of electronic communication, unlawful use of trace device, unlawful access to stored communications, illegal divulgence of public communications, unlawful transport, improper photography / video, injury to child / elderly / disabled (recklessly inflicting bodily injury or criminal negligence), aiding suicide (causing death or serious bodily injury), interference with child custody, criminal nonsupport, criminal mischief (> $1,500), burglary of a building, theft > $1,500, unauthorized used of vehicle, forgery (credit card, check), credit card abuse, commercial bribery, fraudulent use of identifying information, tampering with a witness, evading arrest with vehicle, unauthorized absence from correctional facility, places weapons prohibited, manufacture / delivery of dangerous drug
    Misdemeanors
    Class A - Unlawful access to stored communications, illegal divulgence of public communications, unlawful installation of tracking device, public lewdness, assault bodily injury, deadly conduct, terroristic threat, bigamy, harboring a runaway, violation of protective order, criminal mischief ($500 -1,500), burglary of coin operate machine, burglary of a vehicle, criminal trespass (habitation), theft $500 - 1500, tampering with ID numbers, forgery, criminal simulation, receiving stolen check, deceptive business practices, breach of computer security (< $1,500), improper influence, perjury, failure to ID fugitive, resisting arrest, hindering apprehension, escape, disorderly conduct -- hindering proceedings, failure to report child abuse, abuse of official capacity, official oppression, violation of civil rights, false report, interference with 911 call, abuse of a corpse, cruelty to animals, dog fight, destruction of flag, discharge of firearm in city, promotion of prostitution, obscenity, UCW, prohibited weapons - knuckles / switchblade, hoax bombs, making firearm accessible to child, promotion of gambling, possession of dangerous drug

    Class B - Indecent exposure, criminal mischief ($50 - 500), graffiti, criminal trespass, theft $50 - 500, breach of computer security, false report to police officer, evading arrest, interference with public duties, disorderly conduct - display of firearm, riot, obstructing a roadway, disrupting a meeting, silent or abusive 911 call, harassment, prostitution, DWI (72hr minimum confinement), flying while intoxicated, boating while intoxicated, operating an amusement ride while intoxicated, forgery / altering a prescription, refilling prescription without authorization

    Class C - Illegal divulgence of public communications, homosexual conduct, assault offensive contact, aiding suicide (no death or serious bodily injury), leaving a child in a vehicle, criminal mischief (< $50), reckless damage, criminal trespass (agricultural land), theft < $50, false report regarding a missing person, disorderly conduct, gambling
    Drug Offenses
    Penalty Group 1
    Examples: Cocaine, heroin, methamphetamine (speed), MDMA (ecstasy), crack
    Manufacture or Delivery
    Less than 1 gram - State Jail
    1 to 4 grams - 2nd degree
    4 to 200 grams - 1st degree
    200 to 400 grams - 10 to 99 years or life
    400 grams or more - 15 to 99 years or life
    Possession
    Less than 1 gram - State Jail
    1 to 4 grams - 3rd degree
    4 to 200 grams - 2nd degree
    200 to 400 grams - 1st degree
    400 grams or more - 10 to 99 years or life
    Penalty Group 1-A
    Example: LSD (Acid)

    Manufacture / Delivery
    < 20 units - State Jail
    20 to 80 units - 2nd degree
    80 to 4000 units - 1st degree
    4000 units or more - 15 to 99 years or life
    Possession
    < 20 units - State jail
    20 to 80 units - 3rd degree
    80 to 4000 units - 2nd degree
    4000 to 8000 units - 1st degree
    8000 units or more - 15 to 99 years or life
    Penalty Group 2

    Manufacture / Delivery
    Less than 1 gram - State Jail
    1 to 4 grams - 2nd degree
    4 to 400 grams - 1st degree
    400 grams or more - 10 to 99 years or life
    Possession
    Less than 1 gram - State Jail
    1 to 4 grams - 3rd degree
    4 to 400 grams - 2nd degree
    400 grams or more - 5 to 99 years or life
    Penalty Group 3
    Manufacture / Delivery
    Less than 28 grams - State Jail
    28 to 200 grams - 2nd degree
    200 to 400 grams - 1st degree
    400 grams or more - 10 to 99 years or life
    Possession
    Less than 28 grams - Class A
    28 to 200 grams - 3rd degree
    200 to 400 grams - 2nd degree
    400 grams or more - 10 to 99 years or life
    Penalty Group 4
    Manufacture / Delivery
    Less than 28 grams - State Jail
    28 to 200 grams - 2nd degree
    200 to 400 grams - 1st degree
    400 grams or more - 10 to 99 years or life
    Possession
    Less than 28 grams - Class B
    28 to 200 grams - 3rd degree
    200 to 400 grams - 2nd degree
    400 grams or more - 5 to 99 years or life
    Marijuana Offenses
    Delivery
    Less than ¼ oz. (without remuneration) - Class B
    Less than ¼ oz. (with remuneration) - Class A
    ¼ oz. to 5 pounds - State jail
    5 to 50 pounds - 2nd degree
    50 to 2000 pounds - 1st degree
    2000 pounds or more - 10 to 99 years or life
    Possession
    2 oz. or less - Class B
    4 oz. or less - Class A
    4 oz. to 5 pounds - State jail
    5 to 50 pounds - 3rd degree
    50 to 2000 pounds - 2nd degree
    2000 pounds or more - 5 to 99 years or life

  3. #3
    Join Date
    Sep 2006
    Location
    Texas
    Posts
    7

    Default Re: Prob question

    Unfortunately, Texas prisons are so overcrowded the the majority of first offenders recieve probation. Stay in contact with the police should he decide to return to your house. You can also go to his sentancing and ask the court to give jail time or phsychiatric evaluation(s). Just some feedback to maybe help you out.

    good luck

  4. #4
    Join Date
    Jul 2006
    Posts
    392

    Default Re: Prob question

    Quote Quoting matt221972
    View Post
    Unfortunately, Texas prisons are so overcrowded the the majority of first offenders recieve probation. Stay in contact with the police should he decide to return to your house. You can also go to his sentancing and ask the court to give jail time or phsychiatric evaluation(s). Just some feedback to maybe help you out.

    good luck
    Don't forget a restraining order. He will be on parole, and if he violates the order, just by a phone call, or parking across the street from your house, he will go back to jail.

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