How Do Prior Convictions Impact Assault Penalties in Texas?

Assault charges in Texas are serious on their own, but when a person already has a history of past convictions, harsher penalties are common. Courts in Texas consider prior convictions when determining the sentence. Prosecutors do, too, and they may try to elevate a charge if a person has a history of other criminal cases.

Anyone facing assault charges in Texas should have a criminal defense lawyer at their side. The team at Sparks Law Firm understands how prior felony convictions can affect current cases, and they are familiar with Tarrant County courts and prosecutors. A free consultation with an experienced attorney is available at Sparks Law Firm, so call today to set up a meeting. They can also advise on reducing assault charges in Texas.

Understanding Assault Laws in Texas

Before realizing what a prior conviction can do, it's important to understand the state's stance on assault, in general.

Texas Penal Code 22.01 defines assault in the following way:

• Intentionally, knowingly, or recklessly causing bodily injury to another person.

• Threatening a person intentionally with bodily harm

• Physical contact with another person that others would see as offensive

An assault charge can be either a misdemeanor or a felony charge depending on the circumstances of the offense.

How Prior Convictions Affect Assault Charges

In Texas, there are specific provisions that elevate assault charges depending on the prior criminal record. Prior convictions can cause the following to happen:

Charge Enhancement

The most direct impact that those with a prior conviction experience in a Texas criminal case is that a misdemeanor is elevated to a felony. This is especially the case if the person commits a similar crime, such as previous convictions for assault.

For example, a simple assault is typically a Class A misdemeanor, but if the person has previous convictions, it can become a felony charge, which comes with time in a state jail, felony fine of up to $10,000, and a permanent criminal record. This is commonly found in domestic violence cases.

Sentencing Enhancements

In addition to an enhanced charge, Texas uses a habitual offender statute that adds more severe penalties for someone who has been previously convicted. Depending on the conviction, the courts can do the following:

• Increase the minimum sentence, or get closer to the maximum sentence.

• Limit the defendant's eligibility for parole or probation.

• Eliminate the option for community service or deferred adjudication.

For instance, someone who already has two prior felony convictions may face up to 25 years to life even if their current criminal charges are a third degree felony, which typically doesn't come with that type of sentence.

Negative Impact on Plea Bargaining

Another affect that a prior conviction(s) can have is that it plays a role on how the prosecution's case is handled. Sometimes, the prosecutors are very willing to make a deal, especially if it's a first conviction. However, if this is a third felony, or similar, it's very unlikely they will receive any help from the prosecutor. instead of offering or accepting alternative sentencing options, the prosecutors will often push for longer prison terms, stricter probation conditions, additional charges, and higher fines.

Examples of How Prior Convictions Influence Assault Cases

To further show how serious this can be, here are some more examples of how a prior conviction can affect a current case:

A Misdemeanor Can Become a Felony

Patrick is arrested for slapping his girlfriend during an argument. If this was his first conviction, it would generally be a Class A misdemeanor. However, eight years ago, Patrick was convicted of aggravated sexual assault of a former partner. Because of this conviction, the new charge would be a third degree felony charge, which would often result in more prison time.

Habitual Offender Sentencing

Andrea has two prior felony convictions. She is now charged with aggravated kidnapping, which is a first-degree felony. She could be facing life imprisonment due to Texas's habitual offender laws.

Prior Convictions Limit Options

Sandy is accused of threatening a coworker with serious bodily injury. This is usually a Class B misdemeanor. However, Sandy also has previous convictions for DUI and theft. These are not violent crimes, like an aggravated assault would be, but the court's perception of her being a troublemaker could affect a favorable outcome.

Common Types of Prior Convictions That Trigger Enhancements

It's important to realize that not all prior convictions will carry the same weight. In certain circumstances, a prior conviction won't affect anything at all. However, when considering an assault charge, the following could be aggravating factors in regard to charges and sentencing:

• Family violence or domestic violence

• Sexual assault

• Using a deadly weapon

• Previous convictions for violence

• Assaults that involve law enforcement, emergency personnel, or public servants

Even if a prior conviction or convictions were not violent offenses, repeat offenders often face potential penalties that are elevated.

How a Criminal Defense Attorney Can Help

For people facing assault charges, a knowledgeable attorney should always be consulted. This is even more important if there is a prior conviction. Texas law is confusing, and the legal system is difficult to navigate. A lawyer can do the following:

• Challenge prior conviction validity -- If a prior charge wasn't recorded properly, or it was resolved through a plea deal, it may not have an affect on the current charge.

• Negotiate with prosecution -- A defense lawyer can attempt to dismiss enhancements and reduce charges, i.e. take a second degree felony to a third degree felony.

• Create a defense strategy based on the evidence and facts of the case.

• Advocate for prison alternatives including rehabilitation programs, probation, or anger management.

• Protect the rights of their clients and ensures fair treatment in court.

Without a criminal defense law firm, a defendant who has a prior record is often seen at a disadvantage, as judges and prosecutors automatically assume that the person is guilty.

Mitigating the Impact of Prior Convictions

There are mitigating factors that can come into play when facing a potential sentence following an assault charge. These include:

• Character references, stable employment history, or community involvement can show that the defendant has undergone positive changes since the last conviction.

• Completion of prior sentencing requirements, such as completing an anger management class or taking on other rehabilitation efforts.

• Early legal intervention can sometimes stop prosecutors from filing enhanced charges in the first place.

The best defense strategy is one that begins quickly. An attorney can help to keep a new felony charge as favorable as possible and explain sexual assault laws in Texas.

Sparks Law Firm is a law office that has been helping those charged with assault and other crimes for many years. The team is ready to work with those who need legal help. Contact the team today for a free consultation.