The Texas Three Strikes Law

If you are like most people, you have likely heard of Texas’s “three strikes law” in reference to criminal proceedings. The law derives its name from baseball, where batters who accumulate three strikes “strike out” and their chance to bat is over. In the context of Texas criminal law, rather than referring to missed or foul balls, the word “strikes” refers to felony convictions. If you are convicted of three felonies in Texas, you can be subjected to extremely harsh legal penalties – in many cases, you will be facing a minimum prison sentence of 25 years, and up to 99 years or life.

What Crimes Count as Strikes?

To be subject to the enhanced mandatory minimum of 25 years under Texas law, you must be facing a first or second degree felony indictment and have been twice previously convicted of two non-state jail felony offenses. The second must have been committed after the first conviction became final,( i.e. not deferred, on appeal, etc.) Some of the offenses that can be a felony include the following:

  • Robbery
  • Homicide
  • Sexual Assault
  • Arson
  • Kidnapping

As a result, it is crucial for anyone facing a third felony conviction to retain a skilled criminal defense lawyer that understands how the complicated Criminal History Enhancement laws work and how to represent the client effectively in a way that minimizes the likelihood that the client will be subjected to a lengthy minimum sentence.

Less Serious Offenses Can Still Result in Significant Penalties

Any type of criminal conviction is a serious matter in the state of Texas, so do not make the mistake of thinking that you do not need to aggressively defend against allegations of misdemeanor offenses or a first or second felony. While perhaps not as serious as a third felony, these matters can nonetheless result in serious consequences, including fines, probation, community service and even jail time. Fortunately, in many cases, a skilled attorney can have an impact on how your case is resolved and may be able to help you avoid a conviction.

Call a Collin County Criminal Defense Attorney Today to Schedule a Free Consultation

If you are facing any type of criminal case, from a first misdemeanor to a third felony, you should call an experienced attorney as soon as possible. The McKinney criminal defense lawyers of Rosenthal Kalabus & Therrian are ready to help. To schedule a free consultation with one of our Collin County criminal defense lawyers, call (972) 369-0577.

Written by: Rosenthal Kalabus & Therrian Last Updated : September 19, 2023