The minimum sentence is 2 years. An order of non-disclosure seals an individual’s criminal record and prevents the public from seeing it. Misdemeanor Reduction, During the COVID-19 crisis, Law Office of David A. Breston is fully operational and we can help you by phone, video or in-person when needed! I will personally sit down with you and we can figure out what the best course of action is for you. Misdemeanors are moderate to serious criminal offenses that typically involve punishments of up to a year in a county jail facility and/or a $4,000 fine. A grand jury decided the evidence in your case was not sufficient to send your case to the court for prosecution, otherwise known as a “no-bill.”

IF YOU OR A LOVED ONE HAS BEEN ARRESTED AND NEEDS HELP, CONTACT US TODAY. If you have been convicted of a crime in Houston, then you need solid legal representation. "@type": "Question", },{ "acceptedAnswer": { Get Charges Reduced, "text": "The Texas Code of Criminal Procedure states that you might be eligible for expungement of a felony record if one of the following scenarios applies:

Get Charged Lowered, Texas Penal Code 12.44(b) provides that, “at the request of the prosecuting attorney, the court may authorize the prosecuting attorney to prosecute a State Jail Felony as a Class A Misdemeanor.”. }. ", Punishment, For example, in California, you can only get a felony reduced if the offense was a "wobbler." This triggers far more collateral consequences than if it were actually a misdemeanor. However, this law does not reduce the actual criminal charge, which can often times still result in some of the collateral consequences related to felonies that were discussed above. It does not lessen or reduce the actual charge. "@type": "Question", However, it deals with the actual criminal charge, rather than just the punishment. When the courts fully expunge a record, you have the legal right to deny your previous arrest. "mainEntity": [{ Collin County, Some government agencies and authorized non-criminal justice administrations can still access a non-disclosed record." There is a possible range of punishment for a 3d degree felony conviction. Therefore, this law essentially reduces both the criminal charge and the punishment down to the level of a Class A Misdemeanor, which means that many of the collateral consequences that are associated with felonies will be avoided. The Texas governor or the President of the United States pardoned you. But, if there are no significant flaws or weaknesses in the State’s case against you, it isn’t very likely that the prosecuting attorney will consider a felony reduction based upon sympathy alone. Felonies, however, are almost always serious, life-changing offenses that involve punishments such as prison-time, life imprisonment without the possibility of parole, and in the most extreme circumstances…even death! "acceptedAnswer": { Instead of eradication, however, the courts seal the record. This law works the same way as the one above in that it only applies to someone who has been charged with a State Jail Felony. "name": "How Long Does the Expungement Process Take? The judge dismissed proceedings and discharged the individual in question by the end of the surveillance period. The Law Office of Mark O\’Bryan, located in Plano, Texas, is dedicated to providing quality legal services in Collin County, Dallas County, and Denton County to people located in cities such as Plano, McKinney, Frisco, Allen, Denton, The Colony, Carrollton, Dallas, Richardson, Garland, Wylie, Sachse, Mesquite, and other communities throughout the Dallas/Fort Worth Metroplex. Call us at (713) 224-4040. The Texas Government Code states that a person has the option to make an appeal to the court that placed the individual on postponed adjudication community supervision. "text": "After someone files an expungement petition, it typically takes at least 30 days for the courts to schedule a hearing date. When judges reduce a state jail felony to misdemeanor, though, it is still listed on a felony on the defendant’s criminal history. "name": "Do I Qualify for Expungement? People who have deferred adjudications for class B, class A, or felony offenses at any level will not qualify for expungement. "name": "Is There a Waiting Period Before One Can Request an Expungement or Non-Disclosure Order? And, an experienced criminal defense attorney can point out the flaws and weaknesses in the State’s case to apply pressure for a felony reduction. The reality is that, in order to have a decent chance at getting a felony reduced to a misdemeanor, you’re going to need to have a case with facts that tend to warrant a reduction and a defense attorney who can present those facts in a way that ultimately persuades the prosecuting attorney to consent to or agree to a reduction. "text": "Yes. If the courts grant the expungement, it can take up to 180 days for them to register the record eradication. Can You Get Charged With DWI Even Without Drinking Any Alcohol? How can a felony assault be reduced to a 3rd degree domestic violence charge? The Texas Government Code states that a person has the option to make an appeal to the court that placed the individual on postponed adjudication community supervision. You might be eligible for record expungement if you have finished a pre-trial diversion program which the judge recommended to you following a deferred prosecution. { Texas, Previous: How to Bond Someone Out of Collin County Jail, Next: Resolve Your Frisco Traffic Ticket and Class C Misdemeanors in the Frisco Municipal Court of Texas. } The reality is that, in order to have a decent chance at getting a felony reduced to a misdemeanor, you’re going to need to have a case with facts that tend to warrant a reduction and a defense attorney who can present those facts in a way that ultimately persuades the prosecuting attorney to consent to or agree to a reduction. Assault may be a Third Degree Felony for a variety of reasons. However, they are still more serious than any misdemeanor.A conviction for a third degree felony carries between 2 and 10 years in jail.It also carries a fine of up to $10,000.Some of them can even be elevated into second degree felonies.If that happens, the penalties increase even higher. Increase the odds of convincing the courts to schedule your hearing and grant your expungement by consulting with a practiced attorney."

An order of non-disclosure applies to one particular criminal offense, not an entire criminal record. "@type": "Answer", } Some government agencies and authorized non-criminal justice administrations can still access a non-disclosed record. "@type": "FAQPage", Is Assault with Bodily Injury a Felony in Texas? "text": "Expungement erases a record, while a non-disclosure order blocks the public from viewing a record. The Texas governor or the President of the United States pardoned you. Third Degree Assault Charges in Texas. The judge delayed proceedings, but did not enter an adjudication of guilt and put the person under court surveillance. Like an expungement, an order of non-disclosure also gives you this ability. The courts convicted you of a crime, but afterward something proved your innocence. The judge delayed proceedings, but did not enter an adjudication of guilt and put the person under court surveillance. The period of time you must wait to file for either expungement or an order of non-disclosure is contingent upon the type of crime police arrested you for committing." }] Expungement erases a record, while a non-disclosure order blocks the public from viewing a record. "@type": "Question", 1) Expunge Your Record 2) Seal Your Record, 3) Request a Pardon of Your Record The problem though is that all states don't offer all three of these options. "name": "What Is the Difference Between an Expungement and a Non-Disclosure Order? Prosecutors filed charges against you but dismissed them afterward. Charges are usually are a felony instead of a misdemeanor based on: a special class of victim; aggravating conduct; or criminal history. In Texas, criminal offenses generally tend to fall under one of two categories: misdemeanors or felonies. "text": "You might be eligible for record expungement if you have finished a pre-trial diversion program which the judge recommended to you following a deferred prosecution. "@context": "https://schema.org", WE CAN HELP! If a person is found guilty of a 3rd Degree Felony in Texas, then the person can be sent to prison (Texas Department of Criminal Justice – Institutional Division) for 2 years to 10 years. This field is for validation purposes and should be left unchanged.

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