Friday, March 1, 2013

Texas State Sentencing VIII

OK - we saw that the punishment for a 3rd degree felony (in this case, insurance fraud) carries a punishment range of 2-10 years.  What are some of the factors that are included in determining a sentence when the range of punishment is so vast?

   Some of the factors include:

1.  Will the judge or jury be electing punishment?  This is a judgment call by the attorney.  Sometimes it is better to take sentencing to the jury, sometimes to the judge;
2.  Does the defendant have any criminal history and, if so, to what extent?
3.  Are there any witnesses that can testify for the defendant regarding character (not always allowed);
4. Is the defendant eligible for probation?

   These are some of the factors that must be considered.  Note the diffrence between these factors and the exactness of the Federal system.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

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