Texas has a reputation as a state that is hard on criminals. Much of that reputation is derived from days gone by when frontier justice prevailed, but much of it is well-deserved. In many respects, Texas law takes a dim view of law-breakers and treats them harshly. It seems likely that there is no other aspect of Texas criminal law where this is more true than when it comes to what it calls habitual felony offenders. Repeat felony offenses, even for different crimes, can quickly add up to serious prison time. This can be true even when dealing with offenses by juveniles.
Repeat Felony Offenses Escalate Punishment
Pretty much all criminal charges carry escalating penalties for repeat offenses of the same offense. You will be subject to – and likely will receive – a harsher sentence if you are convicted of stealing a car or shoplifting for a second time, a third time, or even a fourth time. Even what are often considered relatively minor crimes can result in major punishment if you are convicted on the same charge multiple times in succession. However, when it comes to felony convictions in Texas, your potential sentence will be increased if you have been convicted of a prior felony, regardless of whether that prior felony conviction is for the same crime with which you are currently charged or a different crime completely.
There are five levels of felonies in Texas — in descending order, capital, first-, second-, and third-degree felonies, as well as state jail felonies. State jail felonies are kind of like really bad misdemeanors and are punishable by no more than two years nor less than 180 days in jail, in addition to a fine of up to $10,000. Under the Texas statute governing habitual felony offenders, state law felonies do not count as a prior felony conviction for sentencing escalation purposes. There is not much point in escalating the sentence for a capital felony – you killed someone intentionally and with premeditation, or other aggravating circumstances. You are getting the death penalty or life in prison, virtually guaranteed.
For the other three categories of Texas felonies, being a habitual felon can make your criminal convictions cost you even more than the price you might otherwise pay. If you are convicted of a third-degree felony and have a prior felony conviction on any other crime – except a state jail felony – your crime is increased to a second-degree felony, with an accompanying increase in maximum sentence. The same escalation applies if you are charged with a second-degree felony with a prior felony conviction; your charge is upgraded to a first-degree felony, with its higher possible punishment. If you are charged with a first-degree felony, you will not get the death penalty just because you are a habitual felon. However, you will be subject to a sentence of life in prison, or for a term of no more than 99 years but no less than 15 years.
If You are Facing Felony Charges in the Houston Area, Talk to the Madrid Law Firm
If you have been charged with a felony in the Houston area and already have a felony conviction, you likely will be facing enhanced sentencing as a habitual felon. Avoiding that second felony conviction could save you a lot of prison time. You need an experienced Houston criminal attorney to help you. You should talk to the Madrid Law Firm.
