Legal Question in Criminal Law in Texas

Engaging in Organized Crime while committing a Theft is a serious matter. From your question I assume that the prosecutors are offering a plea bargain agreement. In exchange for his plea of guilty to the charge, he would be assessed 2 years TDC. This would be a final conviction and one in which he would have to spend time in prison, less his county back time. He would be a convicted felon and his record is not expungable. It will remain on his criminal history for life.

As an alternative, it appears they are allowing him to chose a reduction of the charge to a State Jail Felony. This would also be a final conviction and remain on his record as a felony for life. However, he would be punished under Texas Penal Code Section 12.44(a) and assessed no more than 1 year in the county jail. He would still be a convicted felon, but only have to do county time. He would not have to be transferred to TDCJ.