From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 Enhancements by Previous Conviction 1.1 Felonies 1.2 Misdemeanors 1.3 Statutes 1.3.1 Sec. 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS. 1.3.2 § 12.43. PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR OFFENDERS.

Enhancements by Previous Conviction

Your previous criminal history can be used to make a current charge more serious. Most Enhancements make an offense more serious by one category. Prior convictions work the same way, by and large, but there are some special rules that can make a difference.

Felonies

Felony charges can be enhanced if the prosecutor shows that the defendant has previously been convicted of a felony offense. Here's how it works:

For the chart below, "Separate" means that the first conviction was final before the second offense occurred.

"Same Time" means that the first conviction was NOT final before the second offense occurred.

Previously Convicted of:		The Current Charge:
		State Jail Felony	Third Degree Felony	Second Degree Felony	First Degree Felony
	One State Jail Felony (No Deadly Weapon)	No Change	No Change	No Change	No Change
	Two State Jail Felonies (No Deadly Weapon) (Same Time)	Third Degree Felony	No Change	No Change	No Change
	Two State Jail Felonies (No Deadly Weapon) (Separate)	Second Degree Felony	No Change	No Change	No Change
	One Prior  Felony (not State Jail), or one State Jail with Deadly Weapon	Second Degree Felony if the current charge has a Deadly Weapon or if the defendant has ever been convicted of a 3g offense. - Otherwise, No Change	Second Degree Felony	First Degree Felony	First Degree Felony with a range of 15 - 99 years
	Two Prior Felonies (Not State Jail, or State Jail with Deadly Weapon), Separate	Second Degree Felony	First Degree Felony with a range of 25 - 99 years.	First Degree Felony with a range of 25 - 99 years.	First Degree Felony with a range of 25 - 99 years.

Misdemeanors

The Current Charge is a Class A Misdemeanor

Previously Convicted of a Class A Misdemeanor or any felony

Then, punishment range is enhanced to 90 days to 1 year in jail and up to $4,000 in fines

Statutes

Sec. 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS.

     (a)(1) If it is shown on the trial of a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of two state jail felonies, on conviction the defendant shall be punished for a third-degree felony.
     (2) If it is shown on the trial of a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of two felonies, and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final, on conviction the defendant shall be punished for a second-degree felony.
     (3) Except as provided by Subsection (c)(2), if it is shown on the trial of a state jail felony punishable under Section 12.35(c) or on the trial of a third-degree felony that the defendant has been once before convicted of a felony, on conviction he shall be punished for a second-degree felony.
(b) Except as provided by Subsection (c)(2), if it is shown on the trial of a second-degree felony that the defendant has been once before convicted of a felony, on conviction he shall be punished for a first-degree felony.
     (c)(1) If it is shown on the trial of a first-degree felony that the defendant has been once before convicted of a felony, on conviction he shall be punished by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 15 years. In addition to imprisonment, an individual may be punished by a fine not to exceed $10,000.
     (2) Notwithstanding Subdivision (1), a defendant shall be punished by imprisonment in the Texas Department of Criminal Justice for life if:
         (A) the defendant is convicted of an offense:
               (i) under Section 21.11(a)(1), 22.021, or 22.011, Penal Code;
               (ii) under Section 20.04(a)(4), Penal Code, if the defendant committed the offense with the intent to violate or abuse the victim sexually; or
               (iii) under Section 30.02, Penal Code, punishable under Subsection (d) of that section, if the defendant committed the offense with the intent to commit a felony described by Subparagraph (i) or (ii) or a felony under Section 21.11, Penal Code; and
          (B) the defendant has been previously convicted of an offense:
               (i) under Section 43.25 or 43.26, Penal Code, or an offense under Section 43.23, Penal Code, punishable under Subsection (h) of that section;
               (ii) under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code;
               (iii) under Section 20.04(a)(4), Penal Code, if the defendant committed the offense with the intent to violate or abuse the victim sexually;
               (iv) under Section 30.02, Penal Code, punishable under Subsection (d) of that section, if the defendant committed the offense with the intent to commit a felony described by Subparagraph (ii) or (iii); or
               (v) under the laws of another state containing elements that are substantially similar to the elements of an offense listed in Subparagraph (i), (ii), (iii), or (iv).
     (3) Notwithstanding Subdivision (1) or (2), a defendant shall be punished for a capital felony if it is shown on the trial of an offense under Section 22.021 otherwise punishable under Subsection (f) of that section that the defendant has previously been finally convicted of:
          (A) an offense under Section 22.021 that was committed against a victim described by Section 22.021(f)(1) or was committed against a victim described by Section 22.021(f)(2) and in a manner described by Section 22.021(a)(2)(A); or
          (B) an offense that was committed under the laws of another state that:
               (i) contains elements that are substantially similar to the elements of an offense under Section 22.021; and
               (ii) was committed against a victim described by Section 22.021(f)(1) or was committed against a victim described by Section 22.021(f)(2) and in a manner substantially similar to a manner described by Section 22.021(a)(2)(A).
     (4) Notwithstanding Subdivision (1) or (2), a defendant shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole if it is shown on the trial of an offense under Section 21.02 that the defendant has previously been finally convicted of:
          (A) an offense under Section 21.02; or
          (B) an offense that was committed under the laws of another state and that contains elements that are substantially similar to the elements of an offense under Section 21.02.

(d) Except as provided by Subsection (c)(2), if it is shown on the trial of a felony offense other than a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of two felony offenses, and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final, on conviction he shall be punished by imprisonment in the institutional division of the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years.
(e) A previous conviction for a state jail felony punished under Section 12.35(a) may not be used for enhancement purposes under Subsection (b), (c), or (d).
(f) For the purposes of Subsections (a), (b), (c)(1), and (e), an adjudication by a juvenile court under Section 54.03, Family Code, that a child engaged in delinquent conduct on or after January 1, 1996, constituting a felony offense for which the child is committed to the Texas Youth Commission under Section 54.04(d)(2), (d)(3), or (m), Family Code, or Section 54.05(f), Family Code, is a final felony conviction.
(g) For the purposes of Subsection (c)(2):
     (1) a defendant has been previously convicted of an offense listed under Subsection (c)(2)(B) if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and
     (2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed under Subsection (c)(2)(B) is a conviction of an offense listed under Subsection (c)(2)(B).
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 1750, ch. 339, Sec. 1, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 582, Sec. 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 250, Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 262, Sec. 78, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 318, Sec. 1, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 665, Sec. 1, 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 667, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 15.01, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 283, Sec. 53, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1005, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 340, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 340, Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 340, Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 340, Sec. 4, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 1.14, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 1.15, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 1.16, eff. September 1, 2007.

§ 12.43. PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR OFFENDERS.

(a) If it is shown on the trial of a Class A misdemeanor that the defendant has been before convicted of a Class A misdemeanor or any degree of felony, on conviction he shall be punished by:
      (1) a fine not to exceed $4,000;
      (2) confinement in jail for any term of not more than one year or less than 90 days; or
      (3) both such fine and confinement.
(b) If it is shown on the trial of a Class B misdemeanor that the defendant has been before convicted of a Class A or Class B misdemeanor or any degree of felony, on conviction he shall be punished by:
      (1) a fine not to exceed $2,000;
      (2) confinement in jail for any term of not more than 180 days or less than 30 days; or
      (3) both such fine and confinement.
(c) If it is shown on the trial of an offense punishable as a Class C misdemeanor under Section 42.01 or 49.02 that the defendant has been before convicted under either of those sections three times or three times for any combination of those offenses and each prior offense was committed in the 24 months preceding the date of commission of the instant offense, the defendant shall be punished by:
      (1) a fine not to exceed $2,000;
      (2) confinement in jail for a term not to exceed 180 days; or
      (3) both such fine and confinement.
(d) If the punishment scheme for an offense contains a specific enhancement provision increasing punishment for a defendant who has previously been convicted of the offense, the specific enhancement provision controls over this section.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 1995, 74th Leg., ch. 318, § 2, eff. Sept. 1, 1995;
Acts 1999, 76th Leg., ch. 564, § 1, eff. Sept. 1, 1999.