Legal Question in Criminal Law in Texas

Fourth Degree State Felony Sentencing

If you are in county jail for probation revocation (plus new charge of jumping bond) that is a state jail felony (poss. less then 1 gram amphetamines) how do they calculate the time? Is it 1 for 1(which is state felony) or is it 2 for 1 (which is the county)? Also, could you please tell me where or how I can find out information about the State Felony Jail Sentences, no one seems to know much about it. Thank You, very much.


Asked on 11/05/97, 3:03 am

1 Answer from Attorneys
Gerald McDougall Law Office of Gerald McDougall

State Jail Felonies - application and sources

The State Jail Felony, which you call a 4th degree felony is licated at Texas Penal Code 12.35. The SJF is not normally enhancable by a prior SJF unless either the new offense or the original offense was an aggravated offense under 42.12(3)(g)(a)(1) or (a))(2) -specific winding of use of a deadly weapon.

I am not sure about the time credit computation, since that is a matter within the sole purview of the TDCJ - but I would expect that State Jail time is day for day.

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Answered on 11/05/97, 10:33 am


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