Legal Question in Criminal Law in Texas

What? First, people are kept in jail, not prison, until they are convicted of a felony offense. If they are convicted of a misdemeanor offense, they serve their time in jail, not prison.

Assault can be a felony or a misdemeanor. If it is a misdemeanor, then the maximum sentence is up to 1 year in jail. If it is a 3rd degree felony, then the max sentence is 10 years in prison. If it is a 2nd degree felony, the max is 20 years in prison.

How long a person can be held pending trial depends on many factors. Generally, if it is a misdmeanor case and the state has not announced ready within 75 days, the person is entitled to a bond they can make or a personal bond. If it is a felony, then if it has not been indicted within 90 days they are entitled to a bond they can make or a personal bond. These are generalizations which depend on the the accused's history, too.

The burden of proof is on the state to prove beyond a reasonable doub that the accused is guilty of the offense with which they are charged. There is no burden on the accused to prove him or herself innocent (or even not guilty.)