If you are convicted of a crime, you need to know what to expect during the sentencing hearing process. Understanding the sentencing phase after a conviction can help ease your fears about the process. An experienced criminal defense lawyer can explain the potential sentences and present arguments to minimize your sentence.
What Happens During Sentencing in a Criminal Court Case in Texas State Court?
If the defendant has entered into a plea agreement, sentencing is not usually a surprise as it’s uncommon for state court judges to reject plea agreements. The judge typically orders what the parties agreed to. If the court does reject the plea agreement, the plea is not binding and the parties can start over.
Before guilt or innocence is determined, Texas state court defendants have the right to elect whether a judge or jury will impose their sentence. The defendant may plead guilty and make this election or make this election when contesting guilt before the resolution of guilt or innocence.
If the defendant chooses for the judge to impose sentencing, the judge may request a presentence report and review it before sentencing. This report lists your criminal history (if any), personal background, and potential sentencing options. However, the parties may waive the presentence report, but this process varies by jurisdiction and individual courts.
If the defendant chooses a jury to impose sentencing, there will be no presentence report. All evidence considered would be developed during the hearing.
The prosecutor will argue the judge or jury should impose a specific sentence. Your attorney will have an opportunity to present an argument on your behalf to reduce the potential sentence. Victims may testify concerning how the crime affected them. You also have the right to address the court. Your attorney will advise whether this is appropriate in your case. The judge or jury will impose a sentence following any additional arguments from the prosecutor or your attorney.
What Happens at a Felony Sentencing Hearing?
A felony sentencing hearing follows the same process, but the degree of punishment is more significant given the level of crime. Under Texas law, these felonies carry the following sentences:
- Capital felony – The most severe felony is a capital felony for which the state may seek the death penalty or life in prison without parole.
- First-degree felony – For a first-degree felony, you can be sentenced to up to 99 years in prison (with a minimum term of five years) and a fine of up to $10,000.
- Second-degree felony – If you are found guilty of a second-degree felony, you are subject to a prison sentence of at least two years, a maximum sentence of twenty years, and a fine of up to $10,000.
- Third-degree felony – This felony level carries a maximum sentence of ten years and a minimum term of two years. The fine can be up to $10,000.
- State jail felony – The sentence for a state jail felony is 180 days to two years, with a fine of up to $10,000.
When evaluating a possible sentence, the court examines several factors, including the nature and severity of the crime, your criminal history, your personal background and circumstances, and the level of remorse you show.
Should I Ask for a Judge or Jury to Determine My Sentence?
Your lawyer can review your circumstances and advise you on which approach may be best for your particular situation. Specific rules may make one option better than the other. For example, a jury cannot give probation to a convicted felon, no matter where the felony occurred and how long ago a previous crime was committed, but a judge can. In such a case, you might prefer to have a judge decide sentencing if probation is possible or likely.
Conversely, there are certain offenses, including sexual assault, in which a judge cannot impose community supervision, but a jury can. In these certain specified instances, you might prefer a jury to impose sentencing.
Some defendants may be eligible for deferred adjudication probation. In these cases, there is no formal finding of guilt, and as long as they satisfy the period of community supervision, they will not have a final conviction. Texas state court juries cannot grant deferred adjudication, but a judge can after a defendant pleads guilty.
While deferred adjudication can seem like an attractive option for some people, if your probation is revoked, you are subject to the maximum penalty for your offense. Since Texas has broad sentencing ranges, such as five years to life, this could mean that you could wind up with a life sentence for violating probation. This is different from straight probation, in which violating probation can subject you to the original sentence the judge ordered (typically less than the maximum sentence). On the other hand, if you are able to complete your deferred adjudication probation, you can seek an order of non-disclosure five years later so the public records for the offense become sealed from all parties except for law enforcement and the courts.
Because Texas sentencing rules can be so nuanced, it’s important to seek help from an experienced criminal defense lawyer who can clearly lay out your options and advise you which route to take.
Contact Broden & Mickelsen, LLP, for a Free Consultation
Texas Board of Legal Specialization-certified criminal law and criminal appellate law attorneys, Clint Broden and Mick Mickelsen want to help you in your time of need. With over 60 years of combined criminal defense experience, we offer comprehensive criminal defense representation in state and federal cases. Although our past results do not guarantee future outcomes, our track record of success for clients in trial and post-conviction proceedings speaks for itself. Call us today to get started with a free consultation.
