Alternative sentencing in Texas refers to punishments that provide an alternative to traditional jail or prison time. These options have gained traction as a means of promoting rehabilitation and reducing repeat offenses.
If you're facing criminal charges, alternative sentencing might be an option worth considering—but only after speaking with a knowledgeable Killeen criminal defense attorney who understands your unique case.
Why Alternative Sentencing Exists
Incarceration often does little to address the root causes of criminal behavior. Alternative sentencing aims to shift the focus toward rehabilitation, community reintegration, and reducing recidivism. It's a more individualized and humane approach to criminal justice.
Types of Sentences in Texas
Texas recognizes a variety of sentencing types:
Concurrent Sentences: Multiple sentences served at the same time
Consecutive Sentences: Sentences served one after the other
Determinate Sentence: A fixed term
Indeterminate Sentence: A sentence with a minimum and maximum duration range
Mandatory Sentence: A minimum sentence required by law
Presumptive Sentence: A standard sentence that a judge may modify in response to exceptional circumstances
Probation: A sentence served in the community instead of jail, with strict conditions that must be followed
Parole: Early release from prison, subject to conditions
Restitution: Repayment to victims
Life Sentence: Imprisonment for life, with possible parole after 30 years
Life Sentence Without Parole: Life sentence with no chance of parole
Death Penalty: Reserved for capital murder cases
Alternative sentences offer a different approach, focused on rehabilitation rather than punishment alone.
Benefits of Alternative Sentencing
Alternative sentencing can benefit everyone involved—the defendant, their community, and society at large—in all of the following ways:
It helps individuals avoid incarceration and the stigma that comes with it.
It allows individuals to retain employment and housing.
It provides support for underlying issues (like addiction or mental health).
It reduces taxpayer costs.
It contributes to lower recidivism rates, which means fewer crimes are committed overall.
These sentences often include additional support, such as these:
Job training or work assignments
Drug and alcohol education and treatment
Counseling sessions
When Alternative Sentencing Isn't a Good Fit
Alternative sentencing isn't right for everyone. Accepting such a sentence usually means admitting guilt, which becomes part of your public record. This can result in serious consequences:
Difficulty finding housing or employment
Loss of professional licensure
Limited access to education or student loans
Before accepting any plea deal including alternative sentencing, your attorney will first work to have the charge against you dropped or reduced. Only after exploring these possibilities will you and your attorney decide whether a plea deal involving alternative sentencing is the right option for you.
If you are charged with a crime, you have a right to a hearing, and proceeding to trial may be a better option than accepting a plea deal. The stronger your defense becomes, the more amenable the state may be to cutting you a far better deal or to dropping the charge against you.
If you're considering a plea deal with alternative sentencing, first discuss the risks and benefits with an experienced criminal defense lawyer in Killeen.
Diversion Programs in Texas
Texas offers diversion programs for first-time, nonviolent offenders. These programs allow defendants to avoid incarceration and possibly expunge their records upon successful completion. As with other plea deals, however, you will need to admit that you’re guilty of the charge against you.
Common Eligible Offenses for Diversion Programs in Texas:
Theft or criminal mischief
Fraud or forgery
Prostitution
Eligibility Requirements for Diversion Plans in Texas:
The crime must be a first-time offense.
The accused can't have participated previously in a diversion program.
The crime must be a nonviolent, non-sexual crime (barring prostitution).
The accused cannot have any known gang affiliation.
The crime must not have involved a breach of public trust or national security.
Applicants must also complete the following steps to enter a diversion program:
Submit references, resumes, achievements, or school transcripts recommending the applicant's character.
Write a personal essay detailing the offense, lessons learned, and desire to avoid incarceration.
Complete an interview and assessment with a probation officer
Typical Diversion Program Requirements:
Completing community service
Undergoing drug and alcohol testing and abstaining from these substances
Getting counseling and mental health treatment
Achieving educational, familial, or vocational goals
Meeting with a probation officer
Avoiding criminal activity or association with known criminal offenders
Paying all required fees and fines
Staying in the state unless permission is granted to leave.
Failure to comply can reinstate the original charge, while successful completion can lead to record expungement.
Alternative Sentencing Options in Texas
Alternative sentences in Texas can take many forms.
Community Service
Defendants complete a set number of service hours in their local community.
Electronic Monitoring
A parole officer monitors the defendant's location with an ankle bracelet, allowing the defendant to continue employment and family involvement.
House Arrest
The defendant's movement is limited to his or her home, with exceptions made by court approval.
Mental Health Court
Individuals whose criminal charges stem from mental health conditions receive treatment instead of incarceration.
Drug Court
Drug offenders are rehabilitated through addiction treatment, counseling, and accountability.
Veterans Court
The state provides resources to veterans dealing with service-related issues, including addiction or mental health struggles.
If you're not sure if you qualify for an alternative sentence or diversion program, contact a Killeen criminal defense attorney to review your eligibility.
Consult a Criminal Defense Attorney in Killeen
Alternative sentencing can be a powerful tool for recovery and rehabilitation, but it isn't the right path for everyone. Brett Pritchard at the Law Office of Brett H. Pritchard is a trusted criminal defense attorney in Killeen who can help you determine the best strategy for your defense.
Call (254) 781-4222 or contact us online to schedule your free consultation today.