Habitual Offender

What is a Habitual Offender and what are Habitual offender crimes?

In Texas, once a person has committed their 3rd felony, they are considered a habitual offender.

This can greatly affect any criminal case filed against you as penalties increase significantly as the legal system considers you to be a repeat offender or a career criminal.

Texas law concerning habitual criminals is covered in Texas Penal Code, Title 3, Punishments, Chapter 12 Punishments.

Penalties will be increased for subsequent charges for the habitual offender according to Texas law:

• If the offender was convicted of a third-degree or higher felony and faces another third-degree felony charge, the new conviction will be sentenced as if it were a second-degree felony.
• If the offender was previously convicted of a third-degree or higher felony and now faces a second-degree felony charge, the second-degree felony will be sentenced as if it were a first-degree felony.
• If the defendant has a prior third-degree or higher felony conviction and now faces a first-degree felony charge, it will be sentenced as a capital felony, with a minimum of 15 years in prison.
• If a defendant has 2 prior state jail convictions and now faces a new state jail felony, it will be punished as a third-degree felony.
• If a defendant has 2 prior third-degree or greater felonies committed in a series, then a new state jail felony will be punished as a second-degree felony.