Texas 3 Strike Law

The state of Texas deals harshly with repeat offenders. Individuals who have been deemed to be repeat offenders face especially strict state laws for the crimes they commit. Many of them face the Three Strikes Law related to felony convictions if the sentence imposed was prison. Read on to learn more.



Under the law in the state of Texas, a repeat offender is someone that has previously been convicted of a felony crime and sentenced to time in prison for that offense. The courts can enhance (i.e., increase) any penalty or punishment for a current criminal charge based on a past criminal record that suggests the accused to be a habitual offender.



Repeat offenders in the Lone Star State are subject to what is called the Three Strikes Law. This law states that individuals who repeat their crimes and are convicted could end up with the most serious punishments outlined under the law. For this to happen, the first two convictions need to have occurred after conviction and sentencing for the third. (Note that if the third offense is not completed and sentenced after the previous two, the first two are not considered “prior felony convictions;” the third crime must be separate for the Three Strikes Law to apply.)



If an individual is facing a third felony conviction and contending with the Three Strikes Law, he or she could receive harsh penalties including extensive prison time. The statute also allows the courts to apply enhancements to punishments, which means that a repeat offender can be sentenced more severely than a first-time offender with no previous convictions on his or her record.


The Texas Penal Code (§ 12.42) outlines the penalties for repeat offenders in detail. An experienced criminal defense attorney can help you understand the law and how it applies in your case.

Have you or a loved one been given a repeat, offender designation? Do you need help to defend against that claim? If so, you should consider securing the legal services of a reputable criminal defense attorney with experience handling these kinds of cases. Board-certified criminal defense attorney Brian Erskine of Erskine Law can help you with your case in Austin, Texas, or the surrounding area. Mr. Erskine is a competent and experienced attorney who can advise you on what your next steps should be as you face the Three Strikes Law. He is ready to listen and can build a defense for you, so you reach the best possible outcome in your repeat offender case. Do not hesitate to reach out to the skilled counsel at Erskine Law for a free and confidential legal consultation–contact criminal defense attorney Brian Erskine at any time online or by calling 512-359-3030 to discuss how he can help you.

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