How Can Prior Convictions Impact My Texas Criminal Case?

 Posted on March 13, 2025 in Criminal Law

If you are facing criminal charges in Texas, any prior convictions can have a significant impact on your current case. It is crucial to understand how these previous convictions might influence sentencing, plea negotiations, and overall defense strategy. An experienced Texas criminal defense lawyer can review your case, offer invaluable guidance, and help you navigate the legal system.

What Role Do Prior Convictions Play?

Texas law takes prior convictions seriously, and how much they can influence your current case depends on the nature and timing of those past offenses. 

Enhanced Sentencing

According to the Texas Penal Code, a felony charge for someone with prior felony convictions might end up facing an elevated charge. For example, a second-degree felony, which typically carries a sentence of two to 20 years in prison, could be upgraded to a first-degree felony, which has a maximum sentence of life imprisonment. 

Habitual Offender Laws

Texas has strict habitual offender laws. If you have two prior felony convictions, any new felony charge may automatically lead to a minimum sentence of 25 years to life in prison. This law aims to deter repetitive criminal behavior but can also severely limit a judge's discretion in sentencing.

Impaired Plea Bargaining Opportunities

Prosecutors tend to be less willing to negotiate favorable plea deals with a defendant who has prior convictions. Instead, they may push for stricter penalties, arguing that the defendant is a repeat offender and less deserving of leniency.

Bias in Court Proceedings

While Texas law limits the introduction of prior convictions as evidence during trial, they can still surface if they are relevant to proving intent, knowledge, or motive. This may create bias against the defendant in the eyes of the judge or jury.

How Can a Criminal Defense Lawyer Help?

There are several ways a skilled Texas criminal defense lawyer can make a significant difference in mitigating the impact of prior convictions, including:

• Challenging the legality of past convictions: Prior convictions might be flawed due to improper procedures, ineffective counsel, or constitutional violations. A defense attorney can review past convictions to see whether there are valid reasons to challenge them.

• Negotiating favorable plea deals: An experienced attorney can present mitigating factors, such as rehabilitation efforts or personal circumstances, to argue for reduced charges or alternative sentencing options like probation or diversion programs.

• Crafting a strong defense strategy: A lawyer can discredit the prosecution's evidence, file motions to suppress unlawfully obtained evidence, or present a narrative that shifts focus away from past mistakes.

• Advocating for leniency in sentencing: Even if a conviction is unavoidable, a defense lawyer can argue for minimized penalties by emphasizing positive changes in the defendant's life, such as employment stability, community involvement, or family responsibilities.

Contact a San Antonio, TX Criminal Defense Lawyer

Prior convictions can sway the judge or jury’s opinion of you and influence the outcome of your case. However, the skilled San Antonio, TX criminal defense attorney at Law Offices of Sam H. Lock can build strategic defenses, negotiate reasonable plea deals, and advocate on your behalf while focusing on your rights. If you are facing criminal charges with a record, call 210-226-0965 to schedule an initial consultation so we can work together on getting you a favorable outcome.