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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
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Experience:  Attorney and Counselor at Law
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Please what are the ramifications or impact of accepting a

Customer Question

Please what are the ramifications or impact of accepting a D.A's injury to a child felony for an 18 yrs old college student in Texas without any criminal records or history.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 year ago.

Hello. I will help you with your questions. I have been an attorney for 26 years.

Do you you mean you are being offered a plea to a felony injury to a child? Are you asking what sentence you are facing?

Expert:  Colleen Grady replied 1 year ago.

Since I do not know the exact charge and felony degree the 18 year old is charged with, I will give you the punishments for the different felony degrees. The more serious the injury will mean a greater punishment. Here are the possibilities:

§ 12.35. State Jail Felony Punishment

Example: Injury to a Child, Elderly Individual, or Disabled Individual occurs when a person recklessly or with criminal negligence, by act or recklessly by omission, causes injury to a child, elderly individual, or disabled individual.

(a) Except as provided by Subsection (c), 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.

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

(1) 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 the individual has previously been finally convicted of a felony specified in the Code of Criminal Procedure.

§ 12.34. Third Degree Felony Punishment

Example: Injury to a Child, Elderly Individual, or Disabled Individual occurs when a person intentionally and knowingly causes injury to a child, elderly individual, or disabled individual.

(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

§ 12.33. Second Degree Felony Punishment

Example: Aggravated Assault includes the elements of assault and causes serious bodily injury to another or uses or exhibits a deadly weapon during the commission of the assault.

(a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.

The fact that this 18 year old has no prior convictions and is in school is a positive. The judge will take this into account in sentencing this person. If this person is remorseful, this should be shared with the D.A. and the court. This will help the judge to determine if the 18 year old can be rehabilitated.

Please let me know if you have more questions. I will be happy to help. If you are satisfied with my help, please rate me.