Consequences & Laws of Repeat Offenders
Under specific circumstances, Texas law permits certain sentencing enhancements for criminal charges. One such circumstance is when an individual is identified as a repeat or habitual offender. If you fall into this category, you may be subject to more severe penalties for the same charge compared to a first-time offender without any prior convictions.
However, in order for the court to apply this enhancement, it must verify that you meet the precise definition of a repeat offender. If you do not meet the criteria, the enhancement cannot be utilized against you.
Habitual or Repeat Offenders
Similar to many states across the country, Texas adopts a strict approach towards individuals with multiple felony convictions. If you have been convicted of two or more felonies in the past and commit a third offense, you may be labeled as a habitual offender, leading to more severe sentencing.
However, there are certain circumstances that could apply in such situations. Some of these scenarios include, but are not limited to:
- If you have a prior conviction for a third-degree felony or a more serious offense and are currently being charged with another third-degree felony, your sentence will be imposed as if it were for a second-degree felony.
- If an individual has a prior third-degree felony or higher conviction and is now charged with a second-degree felony, their sentence will be treated as a first-degree felony.
- In the case of a prior third-degree felony or higher conviction and a first-degree felony charge, the sentence will be treated as a capital felony with a minimum prison term of 15 years.
- For those with two prior state jail felony convictions who are now facing a new state jail felony charge, their sentence will be treated as a third-degree felony.
- If you have two previous third-degree or higher felony convictions committed consecutively, and you receive a new state jail felony charge, your conviction will be sentenced as a second-degree felony.
Texas Three Strike Rule
In Texas, repeat offenders are subject to the Three Strike Law, which imposes the most severe penalties for certain crimes when there are one or more prior convictions. To fall under this law, both previous convictions must have occurred after the completion and sentencing of each other. However, if there is any overlap in the timing of the convictions, they are not considered as “prior felony convictions.”
If you have two previous felonies that fall within this rule and are now facing a third felony conviction, you may face the following penalties:
- Life imprisonment.
- A prison sentence of up to 99 years.
- A prison sentence of no less than 25 years.
Additional Enhancements for Repeat Offenders
With just one prior conviction, certain repeated offenses may result in a life sentence. These crimes are so serious that a repeat offense could lead to a person being permanently taken out of society.
- Sexual Assault
- Aggravated Sexual Assault
- Aggravated Kidnapping
- Indecency with a Child
In the event that you have any of these convictions on your criminal record. It is crucial that you engage the services of a lawyer who possesses expertise in handling cases involving repeat offenders. Failure to do so may result in you being subjected to a life sentence.
Arrested? Don’t Plea, Call Me!
If you are facing criminal charges, it is highly recommended that you seek the assistance of an experienced criminal defense lawyer. A hired criminal defense lawyer can provide you with essential legal advice, guidance, and representation throughout the legal process.
As an experienced criminal defense attorney we can review the facts of your criminal case, investigate the charges against you. And develop a strong legal defense strategy tailored to your specific situation. As well as negotiate with the prosecution on your behalf and advocate for your rights and interests in court.
In addition, we can provide you with information about the potential indecent exposure consequences of a conviction. Including the possibility of jail time, fines, and other penalties. And work to minimize the impact of the charges on your life and future.
Overall, the criminal law justice system can be complex and scary. Having an experienced criminal defense lawyer can significantly improve the outcome of your case. Your lawyer can help you comprehend the legal process, outline your choices, and provide advice and support. They can also help you review any evidence gathered against you, prepare witness statements, and investigate any mitigating circumstances.