Legal Question in Criminal Law in Texas

Can defendant be enhanced for a crime not related to current charge?


Asked on 11/07/11, 10:56 pm

2 Answer from Attorneys

M. Elizabeth Foley The Law Office of M. Elizabeth Foley

The enhancement rules are rather complicated, and you don't say what the specifics are in this case, but the basic setup is that prior convictions for the same offense will sometimes, depending on the specific offense, actually change the seriousness of the offense itself (e.g., theft under $1500, DWI, family violence assault causing bodily injury, evading arrest, prostitution, burglary of a vehicle, and undoubtedly others I've forgotten are all offenses that with no priors are misdemeanors, but can be felonies if there are priors for that specific offense), and separately from all that, prior convictions for ANY type of offense can be used to increase the punishment for both felonies and misdemeanors (e.g., any offense could go from a Class B misd to a Class A, or from a 3rd degree felony to a 2nd degree, if there were priors for any offense of a certain level).

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Answered on 11/08/11, 3:43 am


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