Automatic Life Sentence

From the Law Office of Alison Grinter in Dallas, Texas

Upon conviction, certain offenses with certain prior convictions are subject to automatic life sentences under 12.42 of the penal code.

If you are charged with:

• Indecency with a Child by Contact
• Aggravated Sexual Assault
• Sexual Assault
• Aggravated Kidnapping with the intent to sexually violate or abuse the victim, OR
• Burglary with the intent to commit indecency with a child, sexual assault, aggravated sexual assault, or Aggravated_Kidnapping

And you have previously been convicted or received Deferred Adjudication for:

• Sexual Performance by a Child
• Possession or Promotion of Child Pornography
• Obscenity with patently offensive material
• Continuous Sexual Assault of a Young Child
• Indecency with a Child
• Sexual Assault
• Aggravated Sexual Assault
• Prohibited Sexual Conduct
• Aggravated Kidnapping with the intent to sexually violate or abuse the victim, OR
• Burglary with the intent to commit indecency with a child, sexual assault, aggravated sexual assault, or Aggravated_Kidnapping

NOTE: A successfully served probation term can not be used for enhancement purposes. Only if you were revoked on probation and sent to jail or prison can your sentence be used to enhance a subsequent charge. See: Ex Parte Langley, 833 S.W.2d 141, 143 (Tex.Crim.App. 1992)

Then you receive an automatic life sentence if you are convicted.

Your only real options to avoid the life sentence are options that avoid conviction on those first four charges. Deferred Adjudication, if it's available, reduction of the charge to a lesser included offense, dismissal, or acquittal are your only alternatives.

Discuss this article with the Law Office of Alison Grinter