Criminal defense attorney Anna Summersett, a Board Certified Criminal Law Specialist, discusses the “Repeat Offender” enhancement under Texas law in this short video.
A repeat offender notice is one of those circumstances where an individual has previously been convicted of a felony offense and sentenced to penitentiary time. It does require them to actually serve time in the penitentiary as opposed to something like a shock probation or possibly a state jail time. If somebody is a repeat offender, it will generally increase their punishment range by one degree. For example, if we’re looking at a third-degree felony, and you have a repeat offender notice, you’re then going to be looking at a second-degree felony range of punishment. However, once we get up to a first-degree felony range, if you are a repeat offender, your minimum jumps from a five-year to a 15-year minimum, again with your maximum being 99 years or life.
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