Can I Get a Sentence Reduction in Texas?

Friends and family often reach out to us at Chris Perri Law wondering if there is any way to help a loved one reduce their prison sentence. Sadly, it’s all too common for people to end up with a criminal punishment that does not match the crime. 

While it is technically possible to apply for a sentence reduction – which the state of Texas refers to as a “commutation of sentence” – it’s almost impossible to achieve success unless the attorneys previously prosecuting the case are now adamantly on the defendant’s side. 

We’ll explain this in more detail below, but for the moment, know that not all hope is lost. If you or a loved one were wrongfully convicted of a crime, or received too harsh of a punishment, there are ways to try to overturn the conviction itself. One method is with a writ of habeas corpus. This could lead to a lesser sentence or even no more prison time altogether. 

At Chris Perri Law, a criminal defense law firm in Austin that primarily focuses on post-conviction cases throughout Texas, we’ve seen it all. In this article, we’ll walk you through the legal options available to try to reduce a criminal sentence and get your loved one back home. These options include:

• Commutations of Sentences

• Pardons

• Appeals 

• Writs of Habeas Corpus 

Commutation of Sentence

According to the Texas Board of Pardons and Paroles, a commutation of sentence reduces a prison sentence to a lesser time period. However, commutations are granted only if the majority of the applicant’s trial officials now agree in writing that the sentence is excessive. This would mean that the judge and prosecutors would have to be on board. 

It is very rare to achieve success through this route, but for some it is worth a try, particularly if you feel that the trial officials will side with you. Keep in mind that a commutation of sentence does not erase the offense from your record—it would simply lower your time in prison.

To learn more and access a commutation application, click here.

Pardons

Another option available to reduce a sentence in Texas is to ask the state government for a pardon. The governor has the power to grant a full or conditional pardon, which must first be recommended by the Texas Board of Pardons and Paroles. It is very difficult to win these cases, as it is up to the discretion of many officials to advocate for a person’s early release. 

To learn more about pardon applications in Texas, click here.

Appeals

A criminal appeal is a legal tool used to try to reverse a wrongful or unfair conviction. On an appeal, an applicant is asking the higher courts to overturn the decision of their trial court because they feel one or more of the presiding judge’s rulings were wrong. Appeals are only an appropriate course of action if:

• there was a trial or contested hearing (such as a hearing on a motion to suppress evidence) 

• the trial (or hearing) happened very recently. 

Chris Perri Law in Austin has extensive experience with appeals in Texas and can help determine if this is the best strategy for your particular circumstance. 

If a person’s appeal is granted, then their conviction is overturned. They will now return to the position of having been arrested for a crime, but not yet convicted. At this point, the prosecution may decide to drop the case, retry it, or agree to a more favorable plea. 

To learn more about appeals, click here.

Writs of Habeas Corpus 

Similar to an appeal, a writ of habeas corpus is a legal process that helps people overturn wrongful convictions by introducing new evidence of actual innocence or proving ineffective assistance of counsel. Writs are appropriate regardless of whether your loved one had a trial or took a plea deal. 

If a person’s writ of habeas corpus in Texas is granted, then their conviction is overturned. However, the defendant will still be facing the original charges. The prosecution may decide to drop the case, retry it, or negotiate a better plea deal. 

To learn more about writs of habeas corpus, click here.

Which Option Is Right for You?

With a passion for helping those wrongfully or too harshly convicted, we’re here to help you and your family decide the best course of action. While all of these legal avenues are difficult paths, at Chris Perri Law, we see the most positive outcomes with criminal appeals and writs of habeas corpus. In fact, our firm does not assist with commutation or pardon applications because their success rates are so low and less dependent on attorney skill. 

If you’re curious whether a writ or an appeal in Texas could help reduce your loved one’s prison sentence, call us today at (512) 269-0260 to schedule a free case consultation.