What could be the range of prison time for a person on felony probation, burglary of habitation (7 yrs total....

Asked about 5 years ago - Texas

What could be the range of prison time for a person on felony probation, burglary of habitation (7 yrs total, 6 1/4 yrs left) who is convicted of POSS CS PG 3 < 28G, POSS CS PG 1 >=1G<4G, UNL POSS FIREARM BY FELON, and ASSAULT CAUSES BODILY INJURY FAMILY VIOLENCE?

Attorney answers (1)

  1. Paul Holt Walcutt

    Contributor Level 16

    Answered . It depends on how much time this person was sentenced to on the burglary of a habitation, which is the most serious charge here. Depending on the facts of the case (whether or not he was convicted of a 1st or 2nd degree felony), he could be exposed from 2-20 years in prison or 5-99 years. The other charges carry possible prison time as well.

    POCS Charge #1 - Class A Misdemeanor, with up to 1 year in jail or up to 2 years of probation and a fine of up to $4,000.
    POCS Charge #2 - State Jail Felony, with 6 months to 2 years in state jail or up to 5 years probation and a fine of up to $10,000.
    Possession of Firearm by a Felon - 3rd Degree Felony, with 2-10 years in prison or up to 10 years of probation and a fine of up to $10,000.
    Assault (Family Violence) - Up to 1 year in jail (or 2-10 in prison if he has previously been convicted of a family violence offense) or up to 2 years of probation and a fine of up to $4,000.

    He is looking at the possibility of a lot of time and probation is probably not in play. He needs to get a good local defense attorney to discuss the likely outcomes in this case.

    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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