Legal Question in Criminal Law in Texas
Habitual Criminal
A person I know got his first felony conviction (for stealing credit cards and using them) at age 18 (he's now 35). Since that time he has approximately 8 misdemeanors for theft and one for carrying a prohibited weapon that were enhanced to felonies because of his past record. He always receives 6 to 8 months in State Jail. He is currently in county jail charged with Theft over $1,500 and Endangering a Child. He is awaiting trial. At what point does he become a habitual criminal and receive stiffer sentences?
2 Answers from Attorneys
Re: Habitual Criminal
I agree with Mr. Pantano.
Additionally, the 'victims' of his crimes should be polite but persistent with the ADA handling the case. It is very true in these types of cases that the squeaky wheel gets the grease.
Re: Habitual Criminal
A state jail felony can be enhanced to a third degree felony (2-10 years) if he has 2 or more prior state jail felony convictions. He may very well be facing more serious penalties this time based on what you wrote. It depends upon when he got his prior convictions and whether the DA chooses to enhance the charges.
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