What is the likelihood of facing jail time if convicted of a Class A misdemeanor and it is a first offense?
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What is the likelihood of facing jail time if convicted of a Class A misdemeanor and it is a first offense?
Asked on November 29, 2011 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Most first time Class A misdemeanors result in some type of probation (a regular probation or deferred adjudication) and a fine. If you spent a couple of nights in jail, sometimes the prosecutor will offer a time-served offer, wherein you get credit for the couple of nights you were in jail and are assessed a fine-- this means you don't have to go back to jai.. A general rule in criminal law is that the less criminal history you have the lighter punishment you will receive. However, this is a general rule. If there are aggravating circumstances, you could face mandatory or discretionary jail time. DWI offenses have sentences that involve minimum mandatory jail sentences as a condition of probation. Assault family violence cases can cause a prosecutor or jury to recommend jail time if someone was badly hurt. The only type of case that has a mandatory probation clause are state jail possession of controlled substance cases.
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