Attorney
In Texas, some felony convictions allow for probation, also called “community supervision,” instead of serving time in prison. The availability of probation depends on the type of felony, the defendant’s criminal record, and the details of the case. Courts often look at factors such as the severity of the offense, whether violence was involved, and whether the defendant shows a willingness to comply with probation terms. Understanding how these decisions are made can help you take informed steps toward a more favorable outcome.
How Probation Works for Felony Offenses
Probation lets a defendant serve their sentence under supervision in the community rather than behind bars. The court sets conditions that must be followed during the probation period. These may include:
- Regular check-ins with a probation officer
- Community service or counseling
- Drug or alcohol testing
- Restitution or fines
- Avoiding new criminal charges
Failing to meet these conditions can result in probation revocation, which means the defendant may be sent to jail or prison to serve the remaining sentence.
Eligibility for Felony Probation in Texas
Not all felonies qualify for probation. Texas law excludes certain violent crimes, such as murder, aggravated kidnapping, and sexual assault. However, many nonviolent offenses, including some drug charges, theft-related crimes, and fraud, may be eligible.
Judges and juries can grant probation in two ways:
- Judge-ordered probation: The judge suspends the sentence and places the defendant on community supervision.
- Jury-recommended probation: If a jury convicts a defendant and recommends probation, the judge must honor it under specific conditions.
To qualify, the defendant typically must have a clean record and be sentenced to 10 years or less.
Factors That Influence Probation Decisions
Courts consider several factors before granting probation, including:
- The nature and severity of the offense
- The defendant’s prior criminal history
- Evidence of remorse and cooperation
- Support from family or community members
- Testimony from the defense attorney
An experienced defense lawyer can play a major role by presenting evidence of rehabilitation, arranging plea negotiations, or securing a pre-sentence investigation report that highlights mitigating factors.
Benefits of Probation Compared to Prison
Probation allows individuals to remain employed, support their families, and access rehabilitation programs while avoiding the long-term consequences of incarceration. For many, it provides an opportunity to rebuild their life and demonstrate accountability without the stigma of prison time.
However, probation still requires strict compliance. A single violation could result in additional penalties or incarceration, so it’s important to fully understand the terms and obligations.
When Probation May Not Be an Option
Texas law limits probation for certain serious or repeat offenses. For example:
- Capital felonies and first-degree felonies involving violence are not eligible.
- Repeat offenders with prior felony convictions face stricter sentencing rules.
- Aggravating circumstances, such as the use of a weapon or harm to a victim, can eliminate eligibility.
Even in these cases, an attorney can sometimes negotiate plea agreements that reduce charges to probation-eligible levels.
How We Help Clients Pursue Probation Opportunities
We work with clients to assess eligibility, gather mitigating evidence, and advocate for community supervision when possible. Our approach focuses on minimizing incarceration risks and giving you the tools to move forward constructively.
A strong legal strategy can make the difference between time behind bars and a chance to rebuild your future.
Talk to a Texas Criminal Defense Attorney About Probation Options
If you or a loved one has been charged with a felony in Texas, understanding whether probation is possible is a vital first step. We can evaluate your situation, explain your options, and fight for a result that protects your future.
Contact Navarrete & Schwartz, P.C. today to schedule a confidential consultation and learn how we can help you seek the best possible outcome.