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starlight2011 said...

My husband was indicted for theft of 1,500 to 20,000 in Texas. Can he get probation or does he have to do 2 years in jail? He has not been to court yet.

Because the theft you described is considered a state jail felony in Texas, your husband is subject to the following sentence:

. (a) Except as provided by Subsection ©, an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.

In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.

© An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:

(1) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or

(2) the individual has previously been finally convicted of any felony:

(A) under Section 21.02 or listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; or

for which the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure."

As for whether he'll be eligible for probation - probably depends on a variety of factors - prior criminal history, facts of the crime, etc. A Texas criminal defense attorney would be in the best position to tell you whether your husband would be eligible for probation if convicted.

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