Would you serve jail time if you violate your felony probation with a misdemeanor domestic violence? - Criminal Law Questions and Answers- LawQA.com

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Would you serve jail time if you violate your felony probation with a misdemeanor domestic violence?

My husband violated his class b felony probation and was charged with a misdemeanor domestic violence will he do his original time?

Answer By Cynthia Henley
Cynthia Henley, Lawyer
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I'm guessing that by a Class B felony you mean a 2nd degree felony? Felonies are listed as first, second, third, and state jail. Misdemeanors are C, B, and A. First offender domestic violence assault is a class A misdemeanor for which your husband could receive up to 1 year in jail. If your husband is on a felony deferred, he can receive up to the maximum sentence upon revocation. For example, a 2nd degree felony carries from 2 to 20 years in prison as punishment. If one has a deferred for a 2nd degree felony, upon revocation the person can be sentenced anywhere between 2 and 20 years. It does not matter the length of the probation. If your husband is on straight probation (not deferred), then if he is revoked he can only receive the number of years which were probated. For example, if he was sentenced on a 2nd degree felony (range of 2 to 20) to 5 years probated for 10 years, then the maximum time he could get upon revocation is 5 years. That the probation was 10 years is not relevant upon revocation.

Answer Applies to: Texas
Replied: 7/14/2011

Aaronson Law Firm
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judge has power to revoke if believes he commited the domestic violence and can sentence him to whatever, even a lower sentence

Answer Applies to: Texas
Replied: 7/14/2011

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