Facing criminal charges in Texas is overwhelming. You’re not just worried about what happens in court; you’re thinking about your future, your family, and your freedom. One major factor that will shape the outcome of your case is whether it’s being handled in state or federal court.
Though both systems aim to enforce justice, they take very different approaches when it comes to sentencing. Federal court tends to be stricter, with less room for negotiation. State court, on the other hand, may offer more options and flexibility. Knowing what to expect from each system can help you feel more prepared and in control during an uncertain time.
Sentencing in Texas State Court
Most criminal cases in Texas are prosecuted in state court. These typically include offenses such as DWI, assault, drug possession, theft, and similar charges. Sentencing in state court follows a classification system:
- Misdemeanors are less serious offenses. Penalties may include fines, probation, or up to one year in county jail.
- Felonies carry heavier penalties. These range from six months in a state jail facility to life imprisonment, depending on the severity of the offense.
Judges in Texas state courts have discretion when handing down a sentence. They take into account factors such as criminal history, the specific facts of the case, and whether there are any mitigating or aggravating circumstances. In many situations, defendants may be eligible for probation or deferred adjudication. These alternatives can help individuals avoid jail and start working toward a clean start.
Plea deals are also common in state courts. Prosecutors and defense attorneys often negotiate agreements that reduce charges or sentencing in exchange for a guilty plea. This provides more room to craft a resolution that fits the case and the individual.
Sentencing in Federal Court
Federal criminal cases are handled in the United States District Court and prosecuted by the U.S. Attorney’s Office. These cases typically involve more complex or serious crimes such as drug trafficking, wire fraud, immigration violations, or crimes that span multiple states.
Sentencing in federal court is largely driven by the Federal Sentencing Guidelines. This system assigns points based on the severity of the offense and the defendant’s criminal history. The resulting score places the defendant in a sentencing range that judges use as a guide.
Although judges are no longer required to follow the guidelines to the letter, they still rely heavily on them. In practice, the guidelines limit flexibility and often result in longer sentences than those handed down in state court for similar conduct.
Federal sentencing also includes:
- Mandatory minimums for certain crimes
- Pre-sentence investigation reports prepared by probation officers
- Limited options for probation
- Greater emphasis on time served without early release
Parole vs. Supervised Release
In the Texas state system, an inmate may be eligible for parole and released before completing the full sentence. That is not the case in federal court. Federal prisoners are not eligible for parole, with a few rare exceptions.
Instead, federal courts impose supervised release after a person completes their prison term. This is similar to probation but comes after incarceration. Violating the terms of supervised release can lead to additional prison time.
Which System Is Tougher?
In most cases, the federal system results in harsher sentencing. There is less room for negotiation, fewer alternatives to prison, and stricter sentencing guidelines. State court offers more flexibility, especially for first-time offenders or those facing non-violent charges.
What Should You Do If You’re Facing Charges?
When you’re up against the federal government, the stakes are high, and the process is different from what you may expect in state court. Aaron L. Wiley focuses exclusively on helping individuals and businesses navigate federal investigations and prosecutions, especially in complex white collar cases.
From the first sign of trouble, whether it’s a subpoena, target letter, or formal charge, you don’t have to face it alone. Contact The Law Office of Aaron L. Wiley, P.C., to get strategic, experienced federal defense tailored to your situation.