How can the State enhance my case? Or increase the sentence?

One of the first questions we ask our criminal consults is: Have you ever been arrested before? We do this not to embarrass you or make you feel bad, but to make sure we know what could possibly happen with your case. There is a chance that, based on your prior record, your state jail felony could be bumped up from anywhere to a 3rd-degree felony to a 1st-degree felony. We call this a punishment enhancement.

When we ask about your record, it includes needing to know ANY PLACE you’ve been arrested. Including other state and other counties. It also includes ANY TIME you’ve been arrested, no matter how long ago it was. When a prosecutor receives your case, the first thing they do is have an investigator run your background. These are FBI like background checks that can find EVERYTHING. Therefore, the best advice is to be upfront immediately so we can know how to prepare for your case.

How can they do this?

It is based on Texas Penal Code Chapter 12.42 and here is the process:

State Jail Felony: If you are charged with a State Jail Felony and you have two prior state jail felony convictions, the state can bump your case to a 3rd-degree felony.

If you are charged with a State Jail Felony and you have two felony convictions, you can then be enhanced to a 2nd-degree felony.

Third Degree Felony: If you are charged with a 3rd-degree felony but you have been convicted of a felony before (not including a state jail felony) then your case can be enhanced to a 2nd-degree Felony.

Second Degree Felony: If you are charged with a 3rd-degree felony but you have been convicted of a felony before (not including a state jail felony) then your case can be enhanced to a 1st-degree Felony.

First Degree Felony: If you are charged with a 1st degree felony but you have been convicted of a felony before (not including a state jail felony) then, if you are convicted in this new case, your punishment could be for life, or not more than 99 years or less than 15 years and you could face up to a $10,000 fine.

Applicable to any Felony: If you are charged with a 3rd, 2nd, or 1st-degree felony, and you have been convicted of two felony’s before, and you get convicted on this new charge, you could receive life, or for not more than 99 years or less than 25 years.

As you can see, it is very important for us to know your background during a consult. What could seem as a simple 3rd-degree felony could turn into a possible life imprisonment based off of your background. Your background can also affect your case depending on the types of charges you have previously been convicted of and what type of charge you are now facing. Give one of our experienced criminal attorneys a call today so we can make sure you are aware of what could possibly happen with your case.