Am I eligible for probation if I go to trial?

All persons convicted of a misdemeanor are eligible for probation regardless of whether they elect to have a judge or jury assess their punishment.

If you are convicted of a felony and are sentenced by a judge, you are eligible for probation provided that you sentence is ten years or less and you are not convicted of- (1) capital murder; (2) murder; (3) aggravated kidnapping; (4) aggravated sexual assault; (5) aggravated robbery; (6) indecency with a child; (7) sexual assault of a child; (8) a second drug offense in a drug-free zone; (8) a felony where a deadly weapon was used or exhibited (9) some other serious felony offenses set forth in Section 42A.054 of the Texas Code of Criminal Procedure.

If you are convicted of a felony (except murder, various sexual offense against children or a second drug offense in a drug-free zone) and sentenced by a jury, you are eligible for probation if the jury sentences you to ten years or less and the jury finds that you have never previously been convicted of a felony.

The maximum period of probation for Class A and Class B misdemeanors is two years and for felonies is ten years.