Probation Eligibility in Texas

Probation, also known as Community Supervision, (i.e. a suspended sentence) is a possibility for most crimes in Texas.  However, the Legislature has made it such that the Judge cannot grant probation for a number of crimes, among them the following:


Murder

Capital Murder

Indecency with a Child

Aggravated Kidnapping

Aggravated Sexual Assault

Aggravated Robbery

Certain drug offenses, if a child is used in the commission of the offense, or if the offense is committed in a drug-free zone

Criminal Solicitation

Sexual Assault

Injury to a Child

Sexual Performance by a Child

Compelling Prostitution

Trafficking of Persons
 
And, in addition, any felony in which a deadly weapon is used or exhibited.


Parole consequences

Not only can the Judge not grant probation, but a person convicted has to serve a minimum of two years or one-half the sentence assessed, whichever is greater, before becoming eligible for parole.


As you can see the penalties for these cases are very serious indeed, and require a lawyer with experience defending against them.