Arlington, TX asked in Criminal Law for Texas

Q: If charged with a second degree felony dope possession will texas enhance charge with prior dope possession charges

Will they enhance with priors

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2 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: For some offenses, a prior conviction changes the LEVEL of the offense. For example, a normal first DWI in Texas is a class B but a second normal one is a class A and a third is a felony.

That is a different process from the manner in which prior convictions increase the PUNISHMENT for repeated and habitual offenders. This is explained in chapter 12 of the Texas Penal Code which is available here: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm#12.42

Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: No one in this forum cam predict the future, but that being said, why WOULDN'T the State enhance the charges of defendant with a prior felony conviction? Have this discuss with your attorney. Good luck.

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