Special Sentencing Considerations For Misdemeanor

Offenses where drugs are used or other controlled substances also attract special sentencing considerations. Class A misdemeanor offenses involving controlled substances also attract a 180-day mandatory jail time or more.

Other Special Sentencing Circumstances: Mitigated Sentencing

Besides special sentencing for repeat/habitual offenses and special sentencing for offenses motivated by prejudice or involving the use of drugs, it’s worth noting that sentences can be reduced (in regard to severity) based on special circumstances.

For instance, teenagers who commit Class B misdemeanors in Texas, such as prank calling 911, can be considered for lesser sentences if they are first-time criminal offenders. If the prank call was a result of peer pressure, and the teenager shows remorse for their actions, they may not be subjected to mandatory jail time. However, they will be required to pay a fine in most cases. Mitigated sentencing applies on a case-by-case basis.

Besides considering the number of times an offender has been caught and convicted, judges also consider if the individual in question was the main offender or not. If they were just an accomplice, they may enjoy a mitigated sentence. The same applies to crimes committed under duress or unmatched personal stress.

If a crime didn’t involve harm, injury, or destruction of property because of the deliberate efforts of the offender to avoid such occurrences, he/she may enjoy a mitigated sentence. Cruel offenders who purposely harm others are subjected to the harshest special sentencing in Texas if cruelty is proved beyond a reasonable doubt.

Special Sentencing Considerations For Misdemeanor And The Need For A Good Criminal Defense Lawyer In Texas

The Texas Penal Code makes it possible for individuals charged with misdemeanors to get special sentencing considerations. Experienced criminal defense attorneys are the best professionals to consult when you want to be subjected to lesser/mitigated sentencing. Hiring a criminal defense lawyer can save you from mandatory jail time and other problems associated with misdemeanors i.e., a criminal record. Criminal defense attorneys can get you a lesser sentence, push for your charges to be dismissed, help you seal or expunge criminal records, and more!


Read: Common Examples Of Misdemeanor Offenses


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