Avoiding Designation as a Habitual or Repeat Offender

 Posted on October 18, 2024 in Criminal Defense

Under Texas law, being designated as a habitual or repeat offender can significantly impact sentencing. If you meet this definition, you will face much higher penalties than you would if you had no prior offenses; therefore, you need a strong criminal defense. In some cases, even those with multiple DWI convictions can be designated as habitual or repeat offenders.

The use of habitual and repeat offender enhancements requires that the court ensures the offender meets very specific criteria. On the face of it, a defendant with at least two prior felony convictions who commits a third felony offense could be considered a habitual offender. A repeat offender is one who has one prior felony conviction and commits a second felony. Different scenarios will apply depending on the circumstances surrounding your offenses.  

If you are facing designation as a habitual or repeat offender, you should take this very seriously as it could land you in prison for a very long time. Speaking to a knowledgeable Fort Worth, TX criminal defense attorney from The Dameron Law Firm can be extremely beneficial.

What Are Some Scenarios Where a Habitual or Repeat Offender Designation Could Apply?

As noted, the repeat offender designation is given to those with one prior felony conviction who commit a second felony. Potential penalties for a repeat offender could vary significantly, depending on the specific circumstances, such as:

• Suppose you have two prior state jail felony convictions, and you have been charged with another state jail felony. If you are convicted, your punishment will be the same as if you had committed a third-degree felony.

• If you have two prior third-degree or higher felonies and are charged with a new state jail felony, a conviction will be punished as a second-degree felony.

• If you have a third-degree felony on your record and have been charged with another third-degree felony. In this situation, if you are convicted of the new offense, you will be sentenced as if it were a second-degree felony.

• If you have a prior third-degree felony conviction and are now facing second-degree felony charges, a conviction will result in a first-degree felony sentence.

• A third-degree felony conviction with new first-degree felony charges will be sentenced as a capital felony in the event of a conviction – with a minimum of 15 years in prison.

Designation as a habitual offender triggers the Texas "three strikes" law, which means that the commission of specific crimes with one or two prior convictions could result in the most serious penalties. It is important to note that both priors must have occurred after the other was completed and sentenced. Any overlap in the cases prevents them from counting as prior felony convictions. If you have two separate prior felony convictions and are now charged with a third felony offense, if convicted, you could face:

• Life in prison

• 99 years in prison

• A prison term of not less than 25 years

Are There Defenses to Habitual or Repeat Offender Designations?

The best way to avoid being designated as a habitual or repeat offender is not to be found guilty of the current charges. While each case is different and requires a specifically tailored defense, some common defenses include:

• Evidence against you was gathered in an unconstitutional manner.

• There is reasonable doubt about your guilt.

• The police committed errors during your arrest.

• The witness is not credible or misidentified you.

• You have a solid alibi.

• You were denied an attorney after requesting one.

Contact a Tarrant County, TX Criminal Defense Lawyer

Texas judges have wide latitude in sentencing, so even if a conviction seems likely, a strong, persuasive argument by your attorney can potentially keep you from being sentenced to life in prison. The unique facts of your case may be utilized when arguing for a lesser sentence when you have a highly skilled Fort Worth, TX criminal defense attorney from The Dameron Law Firm.

Attorney Craig Dameron wants you to know that you are not alone and that he will advocate aggressively on your behalf to avoid the harshest penalties that come with a habitual or repeat offender designation. Contact The Dameron Law Firm at 817-222-0624 to schedule your free consultation.