Strike One
The first time you are convicted of a felony is your first “strike,” and you may be sentenced as follows:
- Capital Felony: Death or imprisonment for life without parole
- First-Degree Felony: Imprisonment for life or imprisonment for 5–99 years (with some exceptions mandating a longer minimum term)
- Second-Degree Felony: Imprisonment for 2–20 years
- Third-Degree Felony: Imprisonment for 2–10 years
- State-Jail Felony: Imprisonment for 180 days — 2 years
- Strike One
- Strike Two
- Strike Three
- Other Important Elements
Strike Two
The second time you are convicted of a felony is your second “strike,” and the sentences bump up. If you have a conviction for one other felony (any felony except a state-jail felony) that has become final and are thereafter convicted of another felony, you may be sentenced as follows:
- 2nd conviction is for a First-Degree Felony: Imprisonment for life or imprisonment for 15–99 years (an increase of 10 years for the minimum sentence).
- 2nd conviction is for a Second-Degree Felony: Sentencing is the same as for a first-degree felony: imprisonment for life or for 5–99 years (raises minimum from 2 to 5 years and increases maximum penalty from 20 to 99 years or potentially life in prison).
- 2nd conviction is for a Third-Degree Felony: Sentencing is the same as for a second-degree felony: 2–20 years (increases maximum imprisonment by 10 years).
- 2nd conviction is for a State-Jail Felony: Sentencing is the same as for a third-degree felony: 2–10 years (raising minimum sentence from 180 days to 2 years and increasing maximum from 2 to 10 years).
The bump up in sentencing is significant. For example, if you were convicted of a third-degree felony and are subsequently convicted of a second-degree felony, you face the possibility of imprisonment for life or imprisonment from 5–99 years rather than the maximum sentence of 20 years, the sentence for committing one second-degree felony.
- Strike One
- Strike Two
- Strike Three
- Other Important Elements
Strike Three
The third time you are convicted of a felony is your third “strike,” and the sentence is drastically enhanced.
If you have two prior felony convictions of any degree (except a state-jail felony) and you are subsequently convicted of another felony of any degree (other than a state-jail felony), you can be sentenced to imprisonment for life or for a period of 25–99 years.
If you have two non-state-jail felonies and are convicted of a state-jail felony as your third strike, you will be sentenced as if you had committed a second-degree felony, raising the potential sentence from 180 days – 2 years to 2–20 years. And that conviction is considered a felony conviction that may be used to enhance a later felony conviction, even a state-jail conviction.
What is important to note is that the seriousness or degree of felony committed as the first, second, or third strike doesn’t matter. Once you reach three felony convictions, the enhanced sentencing terms apply, and if you are convicted of that third felony, the sentence ranges from life in prison or a term of 25–99 years. Thus, if you have, for example, been convicted of two third-degree felonies and are convicted of another third-degree felony, instead of being sentenced to 2–10 years imprisonment for the third felony, you could be sentenced to life in prison.
- Strike One
- Strike Two
- Strike Three
- Other Important Elements
Other Important Elements of the Three-Strike Law
Top criminal appeals and post-conviction firms in the nation specialize in these complex cases.
Convictions for felonies in other states count toward the three strikes in Texas.
The punishment set out in the Texas three-strike statute is not advisory; sentencing must conform to the mandates of the statute. While a judge may have some discretion in setting a sentence for anywhere from 25–99 years or for life, that judge may not set a sentence at less than 25 years.
The state may use the same prior felony conviction to enhance a sentence more than once. So even if your second felony conviction resulted in an enhanced sentence because of a prior felony conviction, both of those convictions may be used against you if you later commit a third felony. Or if a misdemeanor is enhanced to a felony because of prior misdemeanors, that “enhanced” felony counts as a “strike” and can be used to enhance a later felony sentence. Likewise, a prior felony conviction can be used to enhance each of the sentences for separate indictments tried simultaneously.
The consequences of multiple felony convictions in Texas are severe and far-reaching. Only a few limiting factors exist: the convictions for the prior felonies must be “final,” and the state must provide some notice of an intent to enhance a sentence using the three-strike rule. If you have been convicted of a third felony, the time and bases for appeal are limited. Make sure you have an attorney with significant experience in criminal appeals to appeal your case for you.
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