Typically, this charge in Texas is indicted as a 2nd Degree Felony. However, it can be enhanced to a 1st Degree Felony under certain circumstances. Reasons for enhancement include, but are not limited to: bias, prejudice, prior convictions, prior juvenile commitment to Texas Youth Commission, a complainant who is considered a "Family Member" under the Family Code, and offenses in a "drug free" or a "gun free" zone.
An offense where the state alleges the use or exhibition of a deadly weapon during the commission of the crime is an extremely dangerous charge because it is referred to as a "3G" offense. The Penal Code statutorily prohibits the judge from sentencing an offender convicted of a "3G" offense to probation after a conviction at trial.
In other words, if you are convicted at trial and you have not timely filed the appropriate paperwork, then you are going to prison for a minimum of 2-20 years.
Texas Code of Criminal Procedure Sec. 3G states that if there is an affirmative finding under subsection (a)(2) in the trial of a felony of the second degree or higher that the deadly weapon used or exhibited as a firearm and the defendant is granted community supervision by the jury, the court may order the defendant confined in the institutional division of the Texas Department of Criminal Justice for not less that 60 and not more than 120 days.
cases are serious. If you are charged with an allegation like this, you need an experienced criminal lawyer at Pelley Law Office, L.L.P. to help you.