Consequences of Being Classified as a Habitual Offender

Do you have the status of a habitual offender and you are currently facing new criminal charges in Texas? Or are you at risk of being classified as a habitual offender due to charges you are currently facing? Texas law on habitual offenders can result in penalties for a criminal conviction being significantly more severe than they otherwise would have been. In other words, for a habitual offender, the sentence is going to be extremely serious, and you could be facing the equivalent of a life sentence.

If you are facing any kind of criminal charges in which Texas habitual offender laws may be relevant, it is critical to understand the consequences of being classified as a habitual offender. Our Texas criminal defense attorney can explain in more detail.

What is a Habitual Offender? 

What is a habitual offender? Under Section 12.42 of the Texas Penal Code, a habitual offender is a person who has more than one previous felony conviction. As soon as a person has two felony convictions, they are typically considered a habitual offender and will be responsible for the consequences. In addition, certain types of felonies are considered so serious that even one previous conviction can result in the application of habitual offender requirements. Certain sex crimes and violent crimes can fall into this category.

Why Does It Matter If a Person is a Habitual Offender? 

Why does it matter if you are facing charges that could result in your being designated a habitual offender, or in which you could face habitual offender enhancements? In short, a penalty upon conviction will be much more serious than it would have been without a habitual offender classification.

For most habitual offenders facing a felony offense, the penalties upon conviction will be those of the next most serious type of felony. For example, a state jail felony will be punished as if it were a third-degree felony. A third-degree felony will be punished as if it were a second-degree felony, and a second-degree felony will be punished as if it were a first-degree felony.

 Contact a Texas Criminal Defense Attorney for Assistance Today

When a person is classified as a habitual offender, the consequences for subsequent convictions can be significantly more severe. The best way to avoid the consequences associated with habitual offender status is to build a strong defense to any charges that you are currently facing to avoid a conviction that would classify you as a habitual offender, or build a strong defense to avoid a conviction for an offense with habitual offender enhancements.

In short, anyone currently with habitual offender status or at risk of being classified as a habitual offender needs to do everything possible to avoid a conviction. In addition, you may be able to work with an attorney to overturn a previous conviction so that you are not classified as a habitual offender. One of the experienced Texas habitual offender defense lawyers at John Reed, Attorney at Law can begin working with you today on a defense strategy that is tailored to the facts of your case. Contact us for more information.

Source:

statutes.capitol.texas.gov/docs/pe/htm/pe.12.htm