Texas Felony Three Strikes Law: What to Know

“Three strikes” doesn’t only apply to baseball. In Texas, it also refers to a law that results in harsher sentences for repeat offenders. Many states have some form of a “three-strikes” law. Texas refers to its law as the “habitual offender” law.

The habitual offender law empowers judges to sentence individuals convicted of three felonies to life imprisonment, an outcome that will forever alter the defendant’s fate.

In this article, we will explain Texas’s law and its intricacies.

Texas Felony Classifications

Texas categorizes felonies into five distinct classes, each carrying its own set of penalties based on the gravity of the offense and an individual’s prior felony convictions. Here are examples of offenses for each felony class:

State Jail Felony:

• Check forgery
• Interfering with child custody
• Credit card fraud
• False report or false alarm
• Burglarizing a building
• Evading arrest with a vehicle
• Identity theft
• DWI with a child passenger

Third Degree Felony:

• Tampering with evidence
• Deadly conduct with a firearm
• Certain types of theft
• Indecency with a child
• Kidnapping
• Certain types of assault
• Abandoning or endangering a child (without intent to return to the child)
• Smuggling of persons
• Sexual coercion

Second Degree Felony:

• Sexual Assault
• Improper relationship between educator and student
• Bestiality
• Assault (by strangulation or suffocation against a peace officer or judge)
• Abandoning or endangering a child (exposure to imminent danger of death, bodily injury, or physical or mental impairment)
• Manslaughter
• Trafficking of persons (for forced labor or prostitution knowingly)
• Smuggling of persons (if there is a substantial likelihood the smuggled person will suffer serious bodily injury or death, or the smuggled person is under 18 years of age)

First Degree Felony:

• Trafficking of persons (person trafficked is younger than 18 or results in death, including the death of the victim’s unborn child)
• Aggravated kidnapping (without voluntary release of victim in a safe place)
• Continuous sexual abuse of a young child or children
• Aggravated sexual assault
• Tampering with consumer product (resulting in serious bodily injury)
• Murder (other than under immediate influence of sudden passion from an adequate cause)

Capital Felony:

• Capital Murder: murder with certain aggravating circumstances
• Treason: levying war against the United States or aiding its enemies
• Very few drug-related offenses: drug kingpin activity, holding or moving very large quantities (industrial scale) of hard drugs – sometimes resulting in life imprisonment. The U.S. has not yet used the death penalty for such crimes. . 

Capital Murder:

• Murder with certain aggravating circumstances

Exceptions: There are very few drug-related offenses, such as drug kingpin activity or holding or moving very large quantities (industrial scale) of hard drugs, which can result in life imprisonment. The U.S. has not yet used the death penalty for such crimes.

The Texas Three Strikes Law in Detail

In Texas, anyone with three felony convictions on their record will face a potential prison sentence ranging from 25 years to life. Each of these three felonies counts as one “strike” against the accused. One criminal conviction on your record will lead to serious consequences. But each subsequent conviction raises the stakes, and the sentencing options become more severe.

Take a look at how the law classifies each offense, the enhancements, and the corresponding penalties:

First Strike: Initial Felony Conviction

• Third-degree felony: Results in a 2 to 10-year prison sentence and a fine of up to $10,000.
• Second-degree felony: Carries a 2 to 20-year prison term and a fine not exceeding $10,000.
• First-degree felony: Imposes a minimum 5-year sentence, a maximum 99-year sentence, and fines of up to $10,000.

Second Strike: Second Felony Conviction

• Third-degree felony: The offense is elevated to a second-degree felony charge, with up to $10,000 in fines and a prison sentence of 10 to 20 years.
• Second-degree felony: The offense is upgraded to a first-degree felony charge, resulting in a prison sentence of up to 99 years and a fine not exceeding $10,000.
• First-degree felony: The mandatory minimum sentence increases from 5 to 15 years, with a maximum of 99 years in prison. A maximum $10,000 fine still applies.

The death penalty won’t apply unless the second felony conviction involves capital murder. However, some crimes, typically violent offenses and sex crimes, may lead to a life sentence without the possibility of parole, on the second strike. Examples include indecency with a child, sexual assault, aggravated sexual assault, aggravated kidnapping, and violent crimes involving torture.

Third Strike: Third Felony Conviction

A third felony conviction, whether first, second, or third-degree, or a capital offense, counts as the third strike. At this point, defendants will face maximum penalties, including life in prison with a minimum of 25 years behind bars.

State Jail Felonies: Third Strike

State jail felonies don’t count as strikes. However, repeat offenders convicted of state jail felonies will face enhanced sentencing and penalties. A third state jail felony is elevated to a third-degree felony charge, resulting in a prison term of 2 to 10 years and fines of up to $10,000.

Individuals convicted of a state jail felony with two prior first-, second, or third-degree felony convictions will have their charge enhanced to a second-degree felony. This carries a prison term of 2 to 20 years and a fine of not more than $10,000.

Key Features of the Texas Three Strikes Law in Practice

The Texas three-strikes law, like similar laws in other states, includes several criteria that affect the law’s application, consequences, and public perception. Here are eight essential aspects of the law:

1. Final Convictions: To count as a strike, you must be convicted of the prior offenses before you were charged with the third felony. Ongoing felony cases or charges that didn’t result in a conviction aren’t counted.
2. State Jail Felonies: State jail felonies won’t count as strikes. However, repeat offenders will face enhanced sentencing and penalties.
3. Out-of-State Convictions: Any prior felonies committed in other states will be considered in Texas courts.
4. Mandatory Sentencing: In Texas, penalties for “third-strike” offenses aren’t recommendations; they’re mandatory sentences. Offenders must serve at least 25 years in prison.
5. Judicial Discretion: Judges have leeway to set the exact number of years beyond the minimum, meaning the actual sentence will range from 25 to 99 years.
6. Judicial Leniency: In some instances, if a possible third strike is pending, a judge may reduce the conviction to a state jail felony as a way to avoid overly harsh punishments or alleviate prison overcrowding. However, this is up to the judge.
7. Misdemeanors and Enhanced Misdemeanors: Although misdemeanors on their own do not count as strikes, enhanced misdemeanors can be retroactively upgraded to a felony charge after a subsequent felony offense. If this happens, that conviction will count as another strike against you.
8. Expunged Felonies: Depending on the offense, some expunged felonies may still be considered another strike.

History of the Texas Three Strikes Law

For decades, habitual offender laws have been enacted to increase penalties for repeat offenders. In 1952, the federal government added laws addressing penalties for those who had committed multiple felonies or misdemeanors.

However, the most significant federal development was the congressional passage of the 1994 Crime Bill, also known as the “Three Strikes, You’re Out” law or the “Clinton Crime Bill.” Between 1993 and 1994, 23 U.S. states adopted their own three-strikes laws, and currently, 28 states have enacted similar laws.

Texas passed its first iteration of a three-strikes law in 1952.

The intent of these laws, both nationally and within states like Texas, was to protect society from violent and habitual criminals, especially those likely to reoffend. Proponents believe that these laws substantially reduce overall crime rates.

Those who oppose the laws argue that the punishments can be disproportionate and potentially violate offenders’ Eighth Amendment rights against cruel and unusual punishments.

Arguments against three-strikes and habitual offender laws include:

• Ineffectiveness: There has been no substantial decrease in violent or high-level crimes.
• Escalation of Violence: Repeat offenders may become more violent, as they believe they have “nothing to lose” to avoid the consequences of a third strike.
• Burden on the Penal System: Overcrowded prisons are a problem in Texas, and lead to poor quality of life, inadequate medical care, increased tension, rising violence, and strain on staff.
• Financial Costs: Incarceration is expensive, with an average annual cost ranging from $20,000 to $140,000 per inmate. As inmates age, they often incur higher costs due to special needs and increased medical issues.
• Cruelty: Critics argue that three-strikes laws violate the Eighth Amendment, which protects Americans from cruel and unusual punishments.
• Judicial Discretion Removal: Strict mandatory sentencing requirements remove some of the judges’ sentencing discretion.
• Court Congestion: An increase in cases clogs the already backlogged court system.
• Impact on Families and Communities: Extended prison terms disrupt families, particularly when the incarcerated individual is a single parent or sole provider.
• Disproportionate Sentencing: Punishments often don’t align with the severity of the crime, leading to decades in prison for theft, check fraud, or other non-violent offenses.

Several instances of questionable sentences related to Texas’s three-strikes law have fueled the ongoing debate. For example, in 1973, William Rummel was sentenced to life in prison for theft involving a stolen credit card, a forged rent check, and cashing a check for an uncompleted repair job totaling $230.11. The harsh sentence received widespread attention. In 1980, the U.S. Supreme Court upheld the life sentence, ruling that it was neither cruel nor unusual punishment and did not infringe on his constitutional rights.

In another example, Larry Dayries was sentenced to 70 years in prison after failing to pay for a sandwich at an Austin Whole Foods store, then pulling a small knife on a store security officer before leaving the store. Prosecutors argued that a harsh sentence was appropriate because of Dayries’ prior convictions for burglary and theft.

Several states have amended the original laws, making it more challenging for non-violent offenders to face life sentences. However, for some repeat offenders, the damage has already been done.

Obviously, the best course of action is to avoid criminal charges altogether. However, if you or a family member is facing the possibility of a three-strikes conviction, you should consult an experienced attorney immediately. You need someone who will fiercely defend you and work tirelessly to protect your rights.

Our goal is to get you the best possible outcome for your charges. Contact us today for a free consultation.