What is the Three Strikes Law in Texas?

The three strikes law in Texas is a significant and controversial component of the state’s criminal justice system. It represents an effort to impose severe penalties on repeat offenders, particularly those with multiple felony convictions.

Origins and purpose of the three strikes law

The concept of the three strikes law emerged in the United States in the early 1990s as part of a broader movement to crack down on crime, particularly violent and repeat offenses. Texas, like many states, adopted this approach to deter habitual offenders by imposing progressively harsher sentences on those who commit multiple felonies. The goal is to keep individuals who pose a continuous threat to society off the streets for extended periods.

In Texas, the three strikes policy’s primary purpose is to reduce crime by sentencing repeat offenders to life imprisonment or extremely long sentences after their third felony conviction. Although some see this law as a necessary tool for maintaining public safety, others view it as an instrument that can lead to unjust outcomes.

How the three strikes law is applied

Applying the three strikes law in Texas revolves around the idea that each subsequent felony conviction after the first should carry increasingly severe penalties. Here’s how the law generally works:

• First convictions: When an individual is convicted of a felony in Texas, the punishment typically aligns with the severity of the crime and the level of the felony– first, second, or third degree. For example, if you are convicted of a first-degree felony, the minimum sentence might be five years in prison and up to 99 years to life. If the crime is a second-degree felony, you might face a two-year minimum and a maximum of 20 years.
• Second felony convictions: If a person with a past felony conviction is convicted a second time, the court can enhance the sentence. For instance, in the case of a first-degree felony, the five-year minimum will increase to 15 years, and the court can sentence you to up to life or 99 years.
• Third felony conviction: Upon a third felony conviction, Texas law mandates a sentence of 25 years to life in prison. The length of the sentence can depend on the severity of the third felony and the nature of previous convictions. Importantly, the 25-year minimum will apply even if the third felony is a less serious crime, while more serious violent crimes may result in life sentences. (Note that less strict penalties apply for State Jail Felonies, which are felonies in name but do not result in prison time. Examples include DWI with a child in the car or credit card fraud, which may result in shorter sentences that the convicted person serves in state jail and fines.)
• Types of felonies: Not all felonies are treated equally under the three strikes law. Violent felonies, such as aggravated assault, robbery, or murder, are more likely to trigger the maximum penalties. However, non-violent felonies can also lead to a life sentence if the individual has a history of serious offenses. This provision is where the law can become particularly contentious, as relatively minor offenses can result in disproportionately harsh sentences if they are the third strike.
• Judicial discretion: Although the three strikes law provides a framework for enhanced sentencing and mandatory minimums, judges retain some discretion to consider mitigating factors such as the defendant’s background, efforts at rehabilitation, and specifics of the crimes.

Criticisms of the three strikes law

Our Killeen criminal defense attorneys recognize that the three strikes law, while intended to protect society, presents challenges and attracts justified criticisms. Several key issues have emerged since the implementation of the law, raising questions about its fairness and effectiveness.

• Disproportionate sentencing: The law can lead to life sentences for relatively minor third-strike offenses, undermining proportionality in sentencing. For example, a person convicted of non-violent crimes such as drug possession or theft could face life imprisonment if these crimes are their third strike. This has led to cases where the punishment does not seem to fit the crime, undermining the principle of proportionality in sentencing.
• Prison overcrowding: The three strikes law may also be linked to the problem of prison overcrowding in Texas. By mandating longer sentences for repeat offenders, the law has contributed to an increase in the number of inmates serving lengthy or life sentences. This places a strain on the state’s prison system, leading to higher costs for taxpayers and raising concerns about the sustainability of such an approach to crime control.
• Limited judicial flexibility: Critics argue that the three strikes law limits the flexibility of judges to impose sentences that are appropriate for the specific circumstances of each case. While judges retain some discretion, the mandatory nature of the law can force them to impose sentences that they might otherwise deem excessive.
• Racial and socioeconomic disparities: Another major concern is the potential for racial and socioeconomic disparities in the application of the three strikes law. Studies have shown that minority defendants, particularly African Americans and Hispanics, are more likely to be impacted by the law. This raises questions about fairness and equality in the criminal justice system, as the law may disproportionately affect certain groups.
• Effectiveness in reducing crime: Finally, there is an ongoing debate about whether the three strikes law is truly effective in reducing crime. While proponents argue that it deters repeat offenders and keeps dangerous individuals off the streets, opponents contend that the law does little to address the root causes of criminal behavior. Instead, they argue, it simply fills prisons with individuals who might benefit more from rehabilitation and reintegration into society.

Defending against a third strike

At Mary Beth Harrell Criminal Defense and DWI Lawyers, we understand that representing a client facing a third strike is an immensely challenging task. The stakes are extraordinarily high, as a third felony conviction under the three strikes law could result in a life sentence. A strong defense strategy should focus on avoiding a third strike or mitigating its consequences. There are several ways possible approaches your attorney may take.

• Challenging prior convictions: One of the primary strategies in a third-strike case is to challenge the validity of the prior convictions. If there is evidence that any of the previous convictions were obtained unlawfully or if there were procedural errors, these could potentially be invalidated. For instance, if a previous conviction resulted from a plea deal where the defendant was not adequately informed of their rights, this might be grounds for challenging that conviction’s use as a strike.
• Negotiating plea agreements: In some cases, it may be possible to negotiate a plea agreement that avoids a third strike. This could involve pleading guilty to a lesser offense that does not trigger the three strikes law. Although this may still result in a significant prison sentence, it could prevent the imposition of a life sentence. Plea negotiations require careful consideration of the risks and benefits, and the defense attorney must work closely with the prosecutor to achieve a favorable outcome.
• Presenting mitigating factors: Our attorneys can present mitigating factors that could influence the judge’s decision. These factors might include the defendant’s personal history, evidence of rehabilitation efforts, family circumstances, or the non-violent nature of the offenses. By humanizing you as a defendant and demonstrating your potential for change, we can argue for a sentence that is more in line with the specific circumstances of your case.
• Appealing the conviction: If a third-strike conviction is handed down, we may need to launch an appeal. Appeals can be based on a variety of grounds, including legal errors during the trial, issues with prior convictions, or the argument that the sentence is disproportionate to the crime. The appeals process is complex and requires a thorough understanding of both the law and the specific details of the case.
• Challenging the constitutionality of the sentence: In some instances, it may be possible to challenge the constitutionality of a life sentence under the Eighth Amendment, which prohibits cruel and unusual punishment. However, this is a difficult argument to make.

If you or a loved one is facing felony charges in Texas, the potential consequences under the three strikes law could be life-altering. Don’t navigate this complex legal process alone. Contact the experienced Killeen criminal defense attorneys at Mary Beth Harrell Criminal Defense and DWI Lawyers today to ensure your rights are protected and to build a strong defense that could make all the difference in your future. To schedule a meeting with a skilled lawyer, call our offices or fill out our contact form. We maintain an additional office in Copperas Cove and proudly serve Belton, Harker Heights, Bell County, and Coryell County.