Asked 8/31/2016 – Tyler, TX

My friend is on 10 years’ probation for assault with a deadly weapon. He got arrested for 2 felonies. He pled guilty to both felonies. Now he’s waiting for his sentence for probation violation which includes failure to report for 3 months, failure to pay, and 2 felony charges. How much time is he looking at? Or does it depend on the judge? I can assume there is no chance they’ll re-instate his probation.

Answer

There is always a CHANCE that probation could be continued, but from what you describe, I doubt it. The possible sentence your friend is facing depends on: 1) if he was granted straight probation or deferred adjudication on the assault with a deadly weapon charge, and 2) what the new felony charges are. Assault with a deadly weapon is a second degree felony, punishable by a fine of up to $10,000, confinement in prison from 2 to 20 years, or a maximum probationary sentence for up to 10 years. Your friend is looking at the higher end of prison sentencing.