Q: Can a Class A misdemeanor (theft) charge be enhanced to a 3rd or 2nd degree felony. For a repeat habitual offfender?
Individual has been to prison X2 for theft and a fraud crime and numerous small thefts . His lawyer keeps telling him they can do this but I can't find no where in the law books were such is alowd asept for a dwi
A:
Hi:
Your question can be generally answered but I would need to see the "charging instrument" or Information, to give solid legal advice. Nevertheless, Misdemeanor crimes can have the sentenced enhanced or extended through Chapter 12 of the Penal Code of Texas. Thus, if you have been previously convicted of previous or multiple misdemeanor offenses, your sentence can be enhanced. Chapter 12 at section 12.43, states that the specific misdemeanor may have a special or enhanced sentence provision for that misdemeanor, which would be imposed. So your lawyer may be right on, but not be very good at explaining your rights or potential sentences. You can get an enhanced sentence if you have prior criminal convictions, whether they are prior felonies or misdemeanors. Good Luck!
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