my friend was charged wth burglary of habitation but does have some criminal history & has had probatoin before but was revoked

what do you think the punishment range will be since deferred probation was revoked for deadly conduct?
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Answers (2)

Paul Holt Walcutt

Paul Holt Walcutt

Contributor Level 7
Burglary of a habitation is a second degree felony, carrying from 2-20 years in prison or up to 10 years of probation, or a felony degree felony if the person is alleged to have intended to commit a felony other than theft upon entry, carrying 5-99 years in prison or up to 10 years of probation. If he has been convicted of a felony before, then he is ineligible to receive probation from a judge or through a negotiated settlement and would have to get it from a jury.

Your friend needs to speak to a local criminal defense attorney ASAP.

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
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Cynthia Russell Henley

Cynthia Russell Henley

Contributor Level 7
Mr. Walcutt's answer is correct for the most part. However, if the judge wanted to do so, and the State was agreeable to allow him, your friend could receive deferred adjudication community supervision (probation.) If your friend was previously convicted of a felony (had a felony probation revoked or adjudicated), then he is not eligible to obtain probation from a jury. (In fact, the application for probation, which must be sworn to before the trial begins, provides that the applicant has never before received adult, felony probation. If the applicant swears to and files a false affidavit, he could be charged with perjury.)

Having had a prior probation revoked, your friend is not likely to get another chance at probation unless it has been an extended period of time since the probation was revoked, there are special circumstances in the burglary case, and/or he has done some act (such as been in rehab) since the burglary case to demonstrate that the problem which led him to committing the offense (such as a bad drug habit) has been addressed and is no longer a pressing problem. In addition, it would be helpful to have the complainant on board for a probation if one might be assessed.
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