When a person is in prison, they can reach the third level of prison from the very beginning of the first classification. This is a key step toward freedom. However, it is not always granted on the first attempt.
Psychologists, social workers, and educators participate, analyzing each specific case in detail. The Treatment Board assesses each inmate’s situation and proposes a classification.
This classification can be appealed within 30 days before the prison supervisory judge. Sometimes, the reasoning and justification are insufficient.
If there has been a denial or incorrect classification, it is possible to file an appeal against the third degree. Having a lawyer specializing in penitentiary law makes all the difference.
The decision of the prison supervisory judge can be appealed before the appropriate Provincial Court. On other occasions, six months after entering prison, the inmate may be referred again
to the Treatment Board, depending on each specific case, the crime for which the inmate was convicted, and the sentence to be served.
It is systematically denied when the inmate has yet to serve or has not served his or her sentences, they must always be cancelled, and when there are many sentences left to serve or when a long sentence has never been granted leave.
The third degree of imprisonment is a form of semi-liberty sentence, in which the inmate can leave the prison to work, study, or engage in reintegration activities, returning to sleep. In many cases, it is served in Social Integration Centers (CIS) or with electronic monitoring (wristband).
This measure brings the inmate closer to life in freedom, provided certain legal requirements are met.
Classification into the third degree of imprisonment depends on several factors:
For certain crimes, such as violence or sexual assault, it may be necessary to serve half or two-thirds of the sentence and obtain positive reports.
It’s quite common for Treatment Boards to deny the initial third-degree classification or to maintain the inmate in the second-degree classification without sufficient justification. In these cases, the following may be presented:
A lawyer specializing in penitentiary law can make the difference between obtaining or not obtaining third-degree classification.
You can even obtain it from the start if you prepare well, or you can avoid going to prison and serve your sentence in a CIS, a semi-open prison where you typically live outside and only go to sleep. To achieve this, the sentence must be short.
At our office:
If you or a loved one have been denied third-degree penitentiary classification or remain in second degree without justification, don’t waste time. You can take legal action to defend your rights and seek a fairer classification progression.
At our criminal law firm, we offer professional advice and personalized attention. We analyze your case in detail and guide you step by step so you can access third-degree classification as soon as possible.
REAL CASE – I remember Rubén’s case. He had been convicted of a drug-related offense. When the case came to our office, a serious mistake had allegedly been made. From the beginning, we knew the case was likely to be lost because it hadn’t been handled properly from the start—and for other reasons. But the worst part was that Rubén was innocent.
Defending an innocent person is harder than defending someone guilty. The Provincial Court of Madrid sentenced him to 3 years and 6 months in prison for a public health offense.
He asked me to accompany him the day he entered prison and told me he knew I would get him out as soon as possible. I didn’t know when that would be—but I did know I would fight to make it happen.
And I did. I prepared everything and requested third-degree classification from the start, and it was granted. Rubén left drugs behind, finished his degree, and got married… he never called me again. He used to say that clients weren’t ungrateful, but that they tended to forget me because I had been part of a terrible chapter in their lives—and they wanted to move on…
You work with a client for years, give them the best of yourself. I believe that, at a certain moment, a criminal lawyer becomes the most important person in someone’s life—and then you never hear from them again… It’s the part of this profession that’s hardest to accept.