What Are Felony Criminal Enhancements in Texas?

Here in Texas, if you are accused of a crime, you may face additional penalties if you are a repeat offender. What this means is that the court can lay down more serious punishments upon conviction than you might face if it were your first offense. Felony repeat offenders can face much more severe punishments in court, so it’s vital to understand your rights.

Repeat and habitual felony offenses

If an individual has two felony convictions and commits a third felony, the Texas courts consider them a habitual offender. The designation of repeat or habitual offender gives the court to right to add enhanced and additional charges when convicting a person of a crime.

State law defines repeat felony offenses, habitual felony offenses, and other situations that may increase or enhance a criminal sentence. A repeat offender means an individual who has committed a criminal act twice. A habitual offender means an individual who has committed a criminal act two times or more.

Repeat felony offenses

If an individual has previous felony convictions and is facing another felony charge, the charges can be upgraded. For example:

• If you have been convicted of a prior third-degree or higher felony and face another third-degree felony charge, your sentencing may be enhanced to a second-degree felony charge.
• If you have been convicted of a prior third-degree or higher felony and face a second-degree felony charge, your sentencing may be enhanced to a first-degree felony charge.

If you have been convicted of a prior third-degree or higher felony and face a first-degree felony charge, your sentencing may be enhanced to a minimum of 15 years in prison but not more than 99 years.

Habitual felony offenses

Habitual felony offenders face stiff criminal enhancements as well:

• If you have been convicted of two or more prior state jail felony convictions and face another state jail felony, your sentencing may be based on third-degree felony charges.

If you have been convicted of two or more prior third-degree or higher felony convictions and face another third-degree or higher felony charge, your sentencing may be enhanced to a minimum of 25 years in prison but not more than 99 years.

Other enhanced charges

There are other circumstances, in addition to prior convictions, that can elevate an individual’s sentence. In fact, repeat convictions for certain crimes in Texas call for life in prison:

• Sexual assault and aggravated sexual assault
• Burglary
• Trafficking of persons

Additionally, aggravated sexual assault in Texas is considered a first degree felony. The minimum prison time imposed on a convicted defendant is increased to 25 years if the victim was six years of age at the time the offense occurred, or the victim was younger than 14 years of age with any of the aggravating factors such as brandishing a weapon, kidnapping, or causing seriously bodily injury.

In some cases, misdemeanors can be bumped up to felonies as well. If you are facing criminal charges, whether it’s the first or second time, consulting with a criminal defense attorney gives you the best chance at a positive outcome. They can help you determine how your past may affect your future, and how your current charges will affect the rest of your life.

The experienced defense team at the Mary Beth Harrell Criminal Defense and DWI Lawyers provides knowledgeable guidance when you are facing serious criminal charges. To set up a consultation, call us today at 254-680-4655, or visit our contact page. We are here to serve you from our offices in Killeen and Copperas Cove.