What Can Enhance Criminal Charges In Texas?

What Can Enhance Criminal Charges In Texas?

Criminal charges in Texas can escalate quickly, depending on the circumstances surrounding the alleged offense. In many criminal cases, what starts as a relatively minor offense can become far more serious due to factors like prior convictions, the use of weapons, or the involvement of minors.

At our firm, our attorneys have seen how these criminal offense enhancements can drastically affect the outcome of a case, leading to more severe penalties, including longer prison sentences, steeper fines, and longer-term consequences on a person’s life. Understanding what factors enhance criminal charges is critical for anyone facing charges in Texas, as the ramifications can change the course of your case and your future. We will now explain the key situations that can lead to enhancements under Texas law.

Prior Convictions And Repeat Offender Enhancements

One of the most common ways that criminal charges are enhanced in Texas is through prior convictions. If you have been convicted of a crime in the past, a subsequent offense may result in enhanced charges. Texas Penal Code § 12.42 outlines how repeat and habitual offenders face stiffer penalties, particularly when convicted of felony offenses. For instance, a second-degree felony can be enhanced to a first-degree felony if the defendant has been to prison before for prior felonies. The same applies to misdemeanor offenses under Texas Penal Code § 12.43, which may elevate penalties for repeat offenders, making a Class A misdemeanor punishable by a more severe sentence.

The legal ramifications of being labeled a habitual offender are severe. Sentencing enhancements for repeat offenders can turn what would have been a manageable sentence into decades of imprisonment. As defense attorneys, our role is to challenge the use of past convictions when appropriate, whether through negotiations or in court.

Use Of A Deadly Weapon

Another factor that can enhance criminal charges in Texas is the use or display of a deadly weapon during the commission of an offense. According to Texas Penal Code § 1.07(a)(17), a “deadly weapon” includes firearms, knives, or any object used in a way that could cause serious bodily injury or death. If a deadly weapon is used during the commission of a crime, it could lead to significant enhancements, especially in crimes like aggravated assault (Texas Penal Code § 22.02) or robbery (Texas Penal Code § 29.03).

The enhancement of charges due to the use of a deadly weapon can result in longer prison sentences and a “deadly weapon finding” on your record, which affects parole eligibility. This is a critical element of defense that we address in these cases, as a deadly weapon finding can make parole far more difficult to obtain. We work with clients to build defenses that challenge the prosecution’s evidence regarding the use of a deadly weapon and aim to reduce the severity of the charges.

Crimes Involving Minors

When a crime involves minors, Texas law takes these offenses especially seriously, often enhancing the charges. Crimes such as sexual assault, drug distribution, or kidnapping can carry much steeper penalties when a minor is involved. For example, the Texas Penal Code § 22.021, which addresses aggravated sexual assault, includes harsher penalties when the victim is under the age of 14. The same goes for offenses involving the sale or distribution of controlled substances to minors, as outlined in Texas Health and Safety Code § 481.122.

The involvement of minors often makes negotiating a plea agreement or seeking a lighter sentence more challenging. Prosecutors and judges tend to approach these cases with a heightened level of severity, which is why it’s crucial to have a defense team ready to fight these enhancements vigorously.

Drug Offenses In Drug-Free Zones

In Texas, drug offenses that occur within “drug-free zones” face significant enhancements. According to Texas Health and Safety Code § 481.134, drug-free zones include areas around schools, playgrounds, and other locations where children are likely to be present. If a drug-related offense occurs in a drug-free zone, the penalties can be increased significantly. For instance, a possession charge that might typically be considered a third-degree felony could be enhanced to a second-degree felony if it takes place within a drug-free zone.

The purpose of this law is to protect children from exposure to drug-related activities, but it also means that someone who unknowingly commits an offense within these zones could face much stiffer penalties. Our approach in these cases is to challenge the evidence regarding the location of the offense and work to minimize the impact of these zone-based enhancements.

Hate Crime Enhancements

Under Texas Penal Code § 12.47, crimes motivated by bias or prejudice can lead to enhanced charges. This includes offenses where the defendant targets a victim based on race, color, disability, religion, national origin, or sexual orientation. If a crime is found to be motivated by hate, the charge can be enhanced by one level. For example, a third-degree felony could be raised to a second-degree felony.

Hate crime enhancements add a level of complexity to cases because they introduce issues of intent and motivation. These factors can be subjective and difficult to prove, which is where our defense strategies come into play. We thoroughly investigate the circumstances surrounding the case to challenge the prosecution’s assertions about bias or prejudice.

Family Violence Enhancements

In Texas, charges of assault can be enhanced if the alleged victim is a family member, household member, or someone in a dating relationship with the defendant. Texas Penal Code § 22.01(b) outlines how assault charges involving family violence can be elevated from a Class A misdemeanor to a third-degree felony if the defendant has prior convictions for family violence or if strangulation is involved.

These enhancements are especially serious because they can lead to more severe penalties and longer-term consequences, such as losing the right to own firearms. Our defense strategies focus on challenging the evidence of family violence and exploring options for reducing the charges.

Legal Defenses Against Charge Enhancements

While enhancements can make charges more severe, they are not always inevitable. There are legal defenses available that we can use to help mitigate or avoid these enhancements altogether.

For example:

• Challenging Prior Convictions: In cases where a client’s prior convictions are being used to enhance the current charges, we may be able to challenge the validity of those past convictions.
• Disputing Deadly Weapon Findings: When a deadly weapon is alleged, we work to show that the object in question was not used in a way that justifies the enhancement.
• Lack of Intent: For hate crime enhancements, demonstrating that the alleged offense was not motivated by bias or prejudice can be a key defense.

Each case is unique, and we work closely with our clients to build the best possible defense tailored to their specific circumstances.

FAQs About Enhancing Criminal Charges In Texas

What Qualifies As A Prior Conviction Under Texas Law?

A prior conviction is any previous criminal offense for which a person has been found guilty. Under Texas Penal Code § 12.42, prior convictions can be used to enhance new charges, leading to more severe penalties. This applies whether the prior conviction occurred in Texas or another state.

Does A Deadly Weapon Enhancement Apply To All Types Of Weapons?

No, a deadly weapon enhancement only applies to objects that meet the legal definition of a deadly weapon under Texas Penal Code § 1.07(a)(17). This includes firearms, knives, and other objects used in a manner that can cause serious bodily injury or death. If the prosecution can prove that the weapon was used or displayed during the offense, it could lead to an enhanced charge.

How Does Being In A Drug-Free Zone Affect My Drug Charges?

If you are charged with a drug-related offense in a drug-free zone, such as near a school or playground, your penalties will likely be enhanced. Under Texas Health and Safety Code § 481.134, the proximity to these protected areas can increase the severity of the offense, leading to longer prison sentences and higher fines.

Can Family Violence Charges Be Enhanced If No One Was Seriously Injured?

Yes, even if no one was seriously injured, family violence charges can be enhanced based on other factors, such as prior convictions or the use of strangulation. Texas Penal Code § 22.01 allows for misdemeanor family violence charges to be enhanced to felonies in certain situations.

Call Our Galveston Criminal Defense Lawyer For Your Free Consultation

If you or a loved one are facing criminal charges in Galveston or Houston, it’s important that you understand how charge enhancements could impact your case. At Mark Diaz & Associates, we are experienced in defending against enhanced charges and fighting for the best possible outcome for our clients. Criminal charges can have long-lasting consequences, and enhancements only make those consequences more severe. Don’t leave your future to chance. Contact our Galveston criminal defense lawyer at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation.