An affiliate of Martine Law, a national brand with six firms in four states. In Texas, legal services are provided by Texas Criminal Defense Attorneys PLLC, 325 N St. Paul Street, Suite 3129, Dallas, TX 75201.
Can I get probation for a first felony in Texas?
In short: Often, yes. A judge can grant community supervision when the sentence is 10 years or less, except for offenses listed in Code of Criminal Procedure 42A.054, such as murder or aggravated robbery, or a deadly weapon finding. A jury can recommend it if you have no prior felony conviction (42A.055, 42A.056). Deferred adjudication is another option for many charges (42A.102).
What are the three ways to get probation on a felony?
- Judge-ordered community supervision after a conviction, if the sentence is 10 years or less and the offense is not barred (42A.053, 42A.054).
- Jury-recommended community supervision, if you file a sworn motion before trial that you have no prior felony conviction and the jury finds it true (42A.055). It is not available for a sentence over 10 years or for some listed offenses (42A.056).
- Deferred adjudication, where the judge does not enter a finding of guilt, and the case is dismissed if you complete supervision. It is barred for some offenses (42A.102).
Which offenses are excluded from judge-ordered probation?
The list in 42A.054 includes murder, capital murder, aggravated kidnapping, trafficking of persons, indecency with a child, sexual assault, aggravated sexual assault, aggravated robbery and stalking, among others, and cases with an affirmative finding that a deadly weapon was used or exhibited. A jury can still recommend probation for some of these.
Is probation automatic for a small drug possession?
For a first state jail felony conviction for possessing under a gram of a Penalty Group 1 or 2 substance, the judge generally must place the person on community supervision (42A.551).
How long is felony probation?
Up to 10 years for most felonies, and up to 5 years for certain third-degree felonies, under 42A.053. Conditions often include reporting, fees, treatment, community service and no new offenses.
Where are these cases heard outside Dallas?
Felony cases are heard in the district courts of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
Is probation available for a first-degree felony?
It can be if the sentence is 10 years or less and the offense is not on the excluded list.
Does a deadly weapon finding affect probation?
Yes. It bars judge-ordered community supervision under 42A.054(b), though a jury may still recommend it in some cases.
What is the difference between probation and deferred adjudication?
Probation follows a conviction; deferred adjudication does not, and the case is dismissed if completed.
Do not wait for your court date to get help. Call (214) 239-2013.
Phones and chat are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.