Asked 7/28/2016 – Houston, TX

My brother was on probation for a case where he was charged with aggravated assault with a deadly weapon. He then caught another case where he was charged with assault on a family member; even though that case was dismissed they still revoked his probation. the judge sentenced him to 12 years in TDC and he has no less than 204 days of credited time from Harris county jail. I read in a document that all offenders with the exception of specific cases are eligible for parole after serving 1/4 of their sentence, however if an offense for which judgment contains an affirmative finding of a deadly weapon then the offender would have to do 1/2 of their sentence. To my knowledge the prosecution didn’t find a weapon connecting him to the crime, they just used the witness’ statement, so how much time will he have to serve before he’s eligible for parole and does the county still give inmates 2 for 1 on credit time?

Answer

On an aggravated assault case, an inmate will have to serve one half of his/her sentence before becoming eligible for parole (this is outlined in Texas Code of Criminal Procedure Article 42.12 3(g)) . County time does not apply and there is not 2 for one credit.