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June 4, 2019 The 1994 federal crime bill that created tough new criminal sentences and incentivized states to build more prisons and pass truth-in-sentencing laws is getting new scrutiny during this 2020 election cycle. Defenders of the law deny that it created the problem of mass incarceration, a term used to describe the fact that the United States incarcerates more of its people — disproportionately Black — than any other nation in the world. They argue that mass incarceration was a problem before the law passed. And regardless, they argue, the federal government has limited jurisdiction over the problem, as 90 percent of people in prison and jail are under state jurisdiction. So who’s right? It’s true that the federal government has limited jurisdiction over mass incarceration and that incarceration rates were already high by 1994. But it’s also true that following passage of the federal crime bill, incarceration rates continued to climb for an additional 14 years. The federal crime bill did not trigger mass incarceration, but it certainly encouraged mass incarceration to grow even further. The 1994 law was the largest crime bill in the history of the United States. It was meant to make a statement, and it did — in at least two ways. First, the 1994 crime bill gave the federal stamp of approval for states to pass even more tough-on-crime laws. By 1994, all states had passed at least one mandatory minimum law, but the 1994 crime bill encouraged even more punitive laws and harsher practices on the ground, including by prosecutors and police, to lock up more people and for longer periods of time. Second, the 1994 law shaped Democratic Party politics for years to come. Under the leadership of Bill Clinton, Democrats wanted to wrest control of crime issues from Republicans, so the two parties began a bidding war to increase penalties for crime, trying to outdo one another. The 1994 crime bill was a key part of the Democratic strategy to show that it can be tougher-on-crime than Republicans. While Republicans continued their Willie Horton-style fear-mongering that pushed for more punitive policies in the states, the official 1996 Democratic Party platform, which was meant to provide a vision for the Democratic Party nationwide, relied heavily on the 1994 law to display their tough on crime credentials. An entire section in the platform is dedicated to “tough punishment,” taking pride in the fact that the Democratic Party passed tougher sentencing laws and provided more federal funding for prisons in the states. The platform encouraged states to pass truth-in-sentencing laws, bragged about instituting the death penalty for nearly 60 more crimes, and even encouraged the prosecution of young people as adults. This platform remained largely in place until 12 years later, when in 2008, the tone and substance began to change under new leadership in the party. Coincidentally, incarceration rates peaked in 2008. The right way to view the 1994 crime bill is as the moment when both parties, at a national level, fully embraced the policies and political posturing that exacerbated the mass incarceration crisis we are trying to fix today. In 2019 and beyond, the best course of action for politicians who want to promote a smart justice-oriented vision for America is to disavow the 1994 crime bill and instead support a 50% cut in incarceration rates on the federal and state levels. Those running for federal office should pledge to use their power to close prisons once in office. That would be the best way to counteract the effects of the 1994 crime bill and prove that you don’t believe in the discredited tough-on-crime policies of the past.
What is the punishment for a felony in Texas?These are the punishment ranges for what are considered ordinary felonies in Texas. This means the punishment range can be different depending on the specific circumstances of the case and the person’s criminal history. Further, if a person does not have any felony criminal history they may be eligible for probation. In some cases, probation is mandatory. This page is a handy guide, but Texas felony laws can be complex. So, you need to talk to a criminal defense attorney that can fully explain the range of Felony punishments in Texas and the possibility of probation. Felony Punishment under the Texas Penal Code:
State Jail Felony Punishment – Texas Penal Code § 12.35What is a State Jail Felony?For many years Texas had only four classifications for felonies (1) capital felonies; (2) felonies of the first degree; (3) felonies of the second degree; and (4) felonies of the third degree. In 1993, the Texas Legislature created a lower felony charge called “State Jail Felony.” State Jail Felonies are generally based on the punishment rage: 180 days to 2 years (up to $10,000 fine) in the State Jail Division of the Texas Department of Criminal Justice (TDCJ). Texas created this lower level felony to address the overcrowding in prisons caused by extensive prosecution of drug related crimes. So, what does State Jail Felony mean? It means the charge is the lowest level felony in Texas and has special rules that apply to punishment and release. These include rules about probation, the length of sentence, “good-time,” use against a person later, and the facility of imprisonment. SentencesMost people found guilty of a State Jail Felony are facing a sentence of 180 days to 2 years in a Texas State Jail facility. Along with the state jail imprisonment, a person can be fined up to $10,000 (the standard fine maximum for felonies). Unlike the other level of felonies in Texas, parole does not apply to State Jail charges. So, we commonly say these sentences are served “day for day.” There is a program called “Diligent Participation Credit” that can reduce a state jail sentence, but it is not automatic. Your criminal defense attorney should be able to explain: 1. How Diligent Participation Credit works; and 2. If the judge in your case usually gives that credit. Aside from the normal State Jail Punishment range, there are harsher sentences depending on “enhancements” the government may be able to file in your case. The punishment for a State Jail Felony is set out in the Texas Penal Code Chapter 12.
*As you can see, State Jail Punishment becomes complicated – Consult a Defense Lawyer for a better explanation. So, the Texas State Jail Felony punishment can be drastically different based on criminal history and specific circumstances. Do not make the mistake of waiting to speak with a criminal defense attorney about your charge. Enhanced State Jail PunishmentPrior criminal history or other circumstances can cause a State Jail Felony to be punished just like a Third Degree Felony.
What is a 12.44 reduction of a State Jail Felony to a Misdemeanor?If you are facing criminal charges in Texas, you may have heard about getting a “12.44.” This refers to the Texas Penal Code Section 12.44 that allows State Jail Felony charges to be punished or reduced to Class A misdemeanor (up to 1-year Tarrant County Jail) Texas Penal Code 12.44 (A)Instead of sending someone to TDCJ – State Jail Division (prison), a criminal court can sentence someone charge with a State Jail Felony to county jail just like for a Class A Misdemeanor. For the court to this, the judge must decide if “the gravity and circumstances of the felony committed and the history, character, and rehabilitative needs of the defendant, the criminal court finds that such punishment would best serve the ends of justice.” Reduction under 12.44 (a) does not require the prosecuting attorney to agree. This means the judge can decide to do this at sentencing, and it’s not limited to only plea bargains. Unfortunately, even if the punishment is reduced, a State Jail Felony punished under 12.44 (a) is still felony conviction, which means:
The upside is, instead of serving six months to two years in a State Jail facility (day-for-day), you can be sentenced to: (1) serve up to a year in county jail; or (2) two years of probation. On the jail sentence you may get whatever “good time credit” the sheriff running the jail allows. Texas Penal Code 12.44 (B)Section B requires the prosecutor to agree to the reduction. So, the prosecutor can request (through plea bargain or at sentencing) that the judge reduce a State Jail Felony to a Class A Misdemeanor. While 12.44 (b) has the same two possible sentences, it does not result in a felony conviction. A conviction under 12.44 (b) is a misdemeanor conviction. An offense that is prosecuted under 12.44 (b) cannot later be used to enhance other felony offenses. This is a much better, but rarer, option.  Good Time or Diligent ParticipationState Jail Felony offenses in Texas are punishable by 180 days to 24 months in a state jail facility. Generally, a state jail sentence is served “day-for-day.” Unlike a sentence in county jail an inmate does not receive “2 for one” for “good time credit” or “trustee credit.” Unlike a prison sentence (1st, 2nd, or 3rd Degree Felony) in the Texas Department of Criminal Justice – Institutional Division, an inmate does not get paroled for “good time credit.” While this may sound discouraging to anyone facing a State Jail Felony, there is a program that can help state jail offenders serve less time. This is known as Diligent Participation Credit. Since September 1, 2011, a person sentenced to State Jail is eligible for the Diligent Participation Credit program. Under Diligent Participation, a person can receive time credit for their participation in state jail programs such as education, work, and substance abuse treatment. The inmate’s participation must be diligent, meaning the person must successfully complete the program or make meaningful progression toward completion that was only interrupted by something outside the inmate’s control. The Texas Department of Criminal Justice must report the number of days an inmate diligently participated in one of the programs to the person’s district court sentencing judge not later than 30 days before the offender has served 80 % of his sentence. For the date the report must be submitted, multiple the number of days you are sentenced by 0.8 and then subtract 30. This is the day TDCJ must send the report to you judge. The State Jail will report a day of diligent participation for every day in custody once the inmate arrives at the state jail facility. Back time or back credit is also possible. The sentencing judge can give an inmate up to 20% credit off the person’s sentence through this program. There are a few exceptions to the Diligent Participation Credit program however. Inmates who are found guilty in custody of disciplinary actions such as refusing to work; refusing to attend school or complete school work; or refusing a required treatment program are not eligible to receive credit for diligent participation. Inmates subject to solitary confinement or administrative segregation are also ineligible to receive credit for those days. On September 1, 2015, a new option became available for inmates. At the time of sentencing, the sentencing judge can determine that the offender is presumptively entitled to receive the diligent participation credit for a State Jail Felony sentence. The credit is awarded to the inmate as long as he does diligently participate. The inmate will then be awarded time credit on the 45th day before 80% of his sentence is served. However, if disciplinary action is taken in custody against an inmate presumptively assumed entitled, the time credit will not be given. The program is designed to encourage inmates to work toward rehabilitation and serves as a security measure. Contact us to talk about your State Jail Felony charge. Our lawyers are experienced and skilled Fort Worth criminal defense attorneys that have handled cases in Tarrant County and surrounding counties. Our office is located in downtown Ft Worth, TX. Third Degree Felony Punishment – Texas Penal Code § 12.34If 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. The person can also be fined up to $10,000. Depending on a person’s criminal history and the circumstances of the charge, someone can also get community supervision (probation) or deferred adjudication. The length of probation for a 3rd Degree Felony is usually 2 to 10 years. For the specifics of possible penalties in your case, you need to find a Fort Worth criminal defense attorney. Second Degree Felony Punishment – Texas Penal Code § 12.33A Second Degree Felony is punishable by a minimum of two years in prison and a maximum of 20 years in prison. “Prison” means confinement in the Texas Department of Criminal Justice – Institutional Division. In addition to prison, a person may also be fined $10,000. Depending on a person’s criminal history, probation (Community Supervision) or deferred adjudication may be an option for a 2nd Degree Felony in Texas. The length of probation may be from 2 years to 10 years. If someone is sentencing to prison on a Second Degree Felony in Texas, then the applicable parole law depends on the charge and the person’s criminal history. If someone is sentenced to prison for 4 years or more on an “Aggravated Charge,” “3g Charge,” or a charge involving a deadly weapon, then the earliest a person may be eligible is when their actual time of confinement when added with their “good conduct” time equals the length of their entire sentence. If a person is sentenced to 4 years or less for an Agg, 3g, or deadly weapon Second Degree Felony, then the person must serve a minimum of 2 years before being eligible for parole. The punishment for a 2nd Degree Felony may be greater depending on a person’s criminal history. Specifically, the penalty may increase to a 1st Degree Felony if the person is a “Repeat Felony Offender,” and the penalty may increase to a minimum of 25 years in prison to 99 years or Life in prison if the person is a “Habitual Felony Offender.” Texas sentencing laws can be complicated. So, if you or a loved one has a Second Degree Felony charge, then you need to talk with a criminal defense attorney. First Degree Felony Punishment – Texas Penal Code § 12.32If someone is convicted of a 1st Degree Felony, then that person can be sent to prison (TDCJ Institutional Division) for 99 years or Life and a minimum prison term of 5 years. The person can also be fined up to $10,000. Fewer First Degree Felonies are eligible for probation than other levels of charges, but some 1st Degree charges can get probation or deferred adjudication.
Capital Felony – Texas Penal Code § 12.31If someone is found guilty of a Capital Felony in a case in which the State has filed a notice to seek the death penalty then the person convicted will be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death. An individual adjudged guilty of a capital felony in a case in which the State does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for:
In death penalty cases, prospective jurors will be told that a sentence of life imprisonment without parole or death is mandatory on conviction of a capital felony. In a capital felony trial in which the State does not seek the death penalty, prospective jurors shall be informed that the State is not seeking the death penalty and that a life sentence is mandatory. Attorney for Felony Charges in TexasLawyers with Cofer Luster Law Firm, PC have defended and prosecuted 1st, 2nd, and 3rd Degree Felony charges. Before he became a defense lawyer, James Luster was a prosecutor in Lubbock and Tarrant counties. Regardless of what felony charge you are facing, we want to help. There are two situations people find themselves in if they are arrested on criminal charges in Texas:
We help people in both situations. That’s what we do and that’s what we love. We will fight to protect you in a criminal justice system that wants a conviction and wants cases closed. Regardless of your guilt or innocence, we fight to beat your case. What does “felony” mean in Texas?A felony in Texas is a crime that is punishable by more than one year. Also, with a few exceptions, a felony prison sentence is served in the Texas Department of Criminal Justice (Institutional Division or State Jail Division). Texas divides felonies into five classifications: State Jail Felony; Third Degree Felony; Second Degree Felony; First Degree Felony; and Capital Felony. What makes a crime a felony is determined by the Texas legislature (the people in Austin making the laws). Each time the legislature meets they amend the criminal law by adding new crimes, deleting some crimes, or changing existing crimes. Something can be a misdemeanor today but changed to a felony charge by the State. How some crimes become FeloniesAn example of how misdemeanors may change to felonies over time is the law against Evading Arrest in a Vehicle. Until 2001, evading arrest using a vehicle was a Class A Misdemeanor (punishable by up to 1 year in county jail and $4000 fine). Then the Texas Legislature passed a bill that increased it to a State Jail Felony (punishable by 180 days to 2 years in State Jail Prison and up to $10,000 fine). Then in 2011, the Legislature increased the seriousness again increasing evading arrest in a vehicle to a Third Degree Felony (2 to 10 years in prison and up to a $10,000 fine), for a first offense. Don’t worry, if you are charged with a misdemeanor today, the law cannot make that already filed charge into a felony. That would violate what is known as the Ex Post Facto Clause. An ex post facto is a phrase that translates roughly to “out of the aftermath.” An ex post facto law is a law that retroactively (changes things in the past) changes the legal consequences before the law even became law of the land. It seems unfair, right? In criminal law, it sometimes makes your action a crime even though your actions were legal when you did it. Sometimes, it makes existing crimes more serious (like the Evading Arrest example above). More serious meaning it may: move a crime to a more severe category than it was in when it was committed; change the legal punishment for a crime, by adding new penalties or extending sentences. Since this is unfair, it is illegal for the government to do it in the United States and Texas. The U.S. Constitution says Congress cannot pass an ex post facto laws under Article 1 Section 9. Also, the states (including Texas) cannot pass ex post facto laws under Article I, Section 10. What does “felony” mean in Federal Court?Specific laws identify whether a federal crime is a felony, but there are general rules as to what constitutes a felony based on the maximum length of possible imprisonment under Texas sentencing law. The cut-off between federal felonies and misdemeanors is whether the maximum prison sentence is more than one year. Federal felonies are divided into five classes: A, B, C, D, and E (A being the most serious). Any federal charge is serious. Before speaking with any investigators or police call a federal criminal defense attorney that practices in your federal district. Felony vs. MisdemeanorWhat is the difference between a felony and misdemeanor? A felony is a more serious charge than a misdemeanor. Not only is the possible sentence harsher but also the consequences after a sentence is served are more serious. The Texas and Federal law is very specific about the different punishments and ramifications. To get a better understanding of the law in your particular case you need to meet with a criminal defense lawyer. However, below is an example of how misdemeanors and felonies fit together in the Texas criminal justice system. We use the Texas Theft Laws as an example of how the law differentiates between felony and misdemeanor. Here are some general rules about why something is charged as a felony versus misdemeanor: Example: Theft – Value of PropertyAs the value of property lost increases the seriousness of the crime increases. As of September 1, 2015, the “standard value ladder” for theft in Texas is:
Example: Theft – Nature of PropertyFor some charges the value of property is not the more important issue. Instead, a crime is more serious because of the nature or kind of property stolen.
Example: Theft – Special VictimAside from the value and the nature of the property stolen, sometimes a charge is more serious (becomes a felony) because of the “victim” involved.
Example: Theft – Special ConductThe conduct of a person committing theft can increase the seriousness of the charge.
Example: Theft – Criminal HistorySomeone’s criminal history can be the difference between a misdemeanor and felony.
Contact UsWhat is the intended purpose of the criminal justice system quizlet?The three goals of the criminal justice system is to do justice, control crime, and prevent crime.
What led to the creation of mass incarceration?Mass Incarceration Takes Hold
The prison population began to grow in the 1970s, when politicians from both parties used fear and thinly veiled racial rhetoric to push increasingly punitive policies.
Which of the following are duties of the Texas Department of Criminal Justice?The mission of the Texas Department of Criminal Justice is to provide public safety, promote positive change in offender behavior, reintegrate offenders into society, and assist victims of crime.
Why does Texas contract with private prisons?Faced with rising prison populations and limited funds, many State governments have contracted with private companies for the construction, management, and operation of correctional facilities, and this paper examines the historical and contemporary role of private sector involvement in Texas.
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What was the creation of the state jail felony in 1993 designed to accomplish?
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