The only offenses that are statutorily barred from receiving deferred adjudication are offenses under chapter 49 of the Texas Penal Code. Those offenses are DWI, boating while intoxicated, flying while intoxicated, intoxication manslaughter, and operating an amusement ride while intoxicated. A defendant is eligible for deferred if he or she has been charged with any other offense. The next issue is will the DA be willing to offer deferred? This decision is made on a case by case basis by the prosecutor assigned to the case. Some of the factors that the prosecutor will consider are: the defendant's criminal history, the nature of the crime, was it a violent offense, was a deadly weapon involved, were there any injuries etc. An experienced attorney can help convince the DA to offer deferred by exposing weaknesses in the prosecutors case.
If you or a loved one has been charged with a crime, or have a question about a criminal case, please feel free to contact the Law Office of G. Thayer Williamson. I am a licensed attorney practicing in the Dallas Fort Worth metroplex.