Legal Question in Criminal Law in Texas

I am trying to find information and I hope you can help me. My boyfriend just got out of prison, having done a 3 year sentence for burglary of a habitation, and is now being charged with the same thing again. What are the options for sentencing if he pled guilty?

Asked on 7/30/10, 10:17 am

Keith Engelke Law Office of S. Keith Engelke

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Felony plea bargains generally involve prison with an option to apply for probation.

Burglary of a habitation is first degree felony if a felony (other than felony theft) was committed or there was intent to do so.

Otherwise the offense is a second degree felony.

However, since there is a prior felony, the DA can enhance the 2nd degree range of punishment to 5-99 years

The range of punishment for first degree felonies is 5-99 years in prison.

For second degree felonies the range of punishment is 2-20 years in prison.

The optional fine for each is $10,000

He may be eligible for probation.

Answered on 8/04/10, 1:59 pm

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