OK - let's wrap up our discussion on sentencing in the State of Texas. As has been seen, the sentencing system in Texas is far different (and far less certain) than the sentencing for Federal crimes. Federal crimes will give a very specific range of punishment and unless probation is specifically mentioned in the guidelines (usually by the indication of "0-6 months" with the 0 meaning probation), probation will not even be a factor.
By comparison, the Texas State system is far less precise. First, for a crime which involves theft or fraud, the amount of money stolen or defrauded must be computed. Once this is determined, then the level of the crime can be found (misdemeanor, felony, etc.). Once this occurs, then the sentencing range can be determined. This sentencing range, however, is very broad and, in addition, does not even account for probation which can be given in many circumstances.
The Federal system, therefore, although much more severe in terms of punishment, is also more precise in the terms of punishment.
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tausk
