The Lone Star State has a reputation for strict criminal justice, with significant penalties, especially for repeat offenders with prior violent crime convictions. Facing a second serious criminal charge in Texas carries the risk of even harsher consequences. As such, it’s in your best interest to connect with an experienced Dallas County Criminal Lawyer who can help you navigate these complex matters and strive for the most favorable result.
Can Prior Criminal Charges Be Discussed in Court?
First and foremost, it’s important to understand that prior crimes can only be discussed in court under certain circumstances. It’s a common misconception that any past alleged violation of the law can be used against someone in court. In reality, certain information is inadmissible. For instance, an arrest or charge that did not result in a conviction or led to an acquittal cannot be discussed.
Prior charges are typically introduced in court to demonstrate a defendant’s character and assess their credibility. For example, in a sexual assault case, a previous fraud conviction might be used to suggest a lack of trustworthiness. Conversely, a conviction can serve as evidence.
You should note that convictions more than ten years old are not admissible unless they are relevant and valuable. Essentially, there are strict limitations on the admissibility of such evidence, including the type of crime, its age, and whether it’s more probative than prejudicial. If the court decides that it’s useful in evaluating credibility, outweighing the potential for undue prejudice to the defendant, they can present a prior conviction. However, if the evidence is likely to cause the jury to unfairly assume guilt based on past behavior, the court will exclude it.
Will Prior Violent Crime Convictions Affect My Current Charges?
If you have been charged and convicted of a criminal offense in Texas, it’s crucial to understand how this can impact enticing for new charges. Generally, being a repeat offender leads to enhanced penalties under the state’s habitual offender statute, which aims to punish and deter recidivism. For example, a first-time aggravated assault conviction is a second-degree felony with a potential prison sentence of two to twenty years. However, a second aggravated assault charge within five years elevates the offense to a first-degree felony, which carries a sentence of five years to life behind bars.
Understanding the impact of past convictions is crucial when facing new criminal charges in Texas. At Spangler Law, we are prepared to fight for the best possible outcome given the unique circumstances of your case. Connect with us today to learn how we can assist you during these difficult times.
