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legalassistant@wm-attorneys.comTexas criminal charges can be severe, especially those involving violent acts or significant property damage. A second-degree felony is a serious charge in Texas law and may carry severe punishments, including long prison sentences and heavy fines. The Law Office of David D. White, PLLC, offers experienced legal defense for those in Austin, TX, facing second-degree felony charges.
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A second-degree felony is a class of crime under Texas law that is serious enough, yet not as serious as those contained within first-degree felonies. It may include acts of violence, large-scale theft, or certain drug-related activities. The Texas Penal Code hands down considerable penalties for second-degree felonies, placing noteworthy prison time and large fines on convicted offenders.
One of many, second-degree felonies is defined and controlled by Section 12.33 of the Texas Penal Code, which fixes the punishment range for those convicted of second-degree felonies. Even within this range, the particular circumstances associated with the alleged crime will make the sentence either increased or decreased.
There are numerous crimes throughout Texas that can be considered a second-degree felony. These can include violent in nature, fraud, amongst other high-stakes unlawful acts. Some common examples of second-degree felonies are as follows:
Most of the classifying of crimes as a second-degree felony is based on factors such as intention, criminal history, and absence or presence of injury to a victim.
The penalties for a second-degree felony are severe, reflecting the seriousness of the offense. Convictions for these crimes may result in:
In addition to these immediate consequences, a conviction can have long-term effects on an individual’s personal and professional life, including difficulty finding employment, housing restrictions, and the loss of certain civil rights.
The Texas Penal Code, Section 12.33, governs these penalties, and judges may consider aggravating or mitigating factors when determining a sentence.
Under certain circumstances, second-degree felonies may be enhanced to first-degree felonies. Enhancements typically occur when aggravating factors are present, such as the use of a deadly weapon, involvement of a minor, or prior felony convictions.
For example, a charge of aggravated assault, usually a second-degree felony, may be enhanced to a first-degree felony if it involves the use of a firearm during the commission of the crime. Habitual offenders with multiple prior felony convictions may also face upgraded charges or enhanced sentencing. Legal representation is critical in these cases to prevent unjust or excessive penalties.
Texas law imposes harsher penalties on habitual and repeat offenders, including those convicted of second-degree felonies. Under the state’s “three-strikes” rule, individuals with multiple prior felony convictions may face significantly enhanced sentences for new offenses.
For instance, a second-degree felony may be elevated to a first-degree felony if the individual has been convicted of a previous felony. Additionally, under Section 12.42 of the Texas Penal Code, habitual offenders may face mandatory minimum sentences and reduced opportunities for parole.
Second-degree felonies may also be enhanced if the offense is classified as a hate crime. Under the Texas Hate Crimes Act, crimes motivated by bias or prejudice, such as those targeting a person’s race, religion, sexual orientation, or disability, may result in increased penalties.
For example, a second-degree felony could be reclassified as a first-degree felony if it is proven that the crime was motivated by hatred or bias. Prosecutors bear the burden of proving intent, and these cases often involve complex legal arguments and significant evidence.
Felonies in Texas are classified into five distinct categories: capital felonies, first-degree felonies, second-degree felonies, third-degree felonies, and state jail felonies. Each category carries different penalties and reflects the seriousness of the offense.
Facing a second-degree felony charge in Austin, TX, can have life-altering consequences. With skilled legal representation, you may be able to reduce charges, negotiate a plea deal, or pursue alternative sentencing. At The Law Office of David D. White, PLLC, we have extensive experience defending felony cases and are dedicated to protecting your rights and securing the best possible outcome.
“When you hire me, you get me. Not my admin, not my associates. I’ll meet, talk, text, and work with you directly to get you the best possible outcome in your case.”
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David D. White
Austin Criminal Defense Lawyer
If you or a loved one is facing a second-degree felony charge, don’t wait to seek help. Contact The Law Office of David D. White, PLLC at (512)-369-3737 or visit our offices at 608 W 12th St Ste B, Austin, TX 78701. We are ready to provide the guidance and representation you need to navigate the Texas criminal justice system.
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I called David last August after my daughter got a minor in possession while away in college. My wife & I were terrified that this mistake might cost our daughter dearly. Luckily for us, we found David to take care of this for us. He walked us through the process during the initial free consultation. Several months later the case was dismissed and ultimately expunged. We cannot thank David enough for all his help in protecting our daughters future!
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The founder of the Law Office of David D. White, PLLC: Austin Criminal Lawyer, has been defending the rights of criminal defendants in Austin, Texas since 2008. We are a client-centered law firm where we fight to preserve the presumption of innocence on behalf of our clients in every criminal case we take. We believe that everyone is entitled to a fair trial and we strive to provide our clients with the best possible defense to ensure that this is true.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney, David D. White who has more than 20 years of legal experience as an Austin Criminal Defense Lawyer.
608 West 12th Street, Suite B Austin, TX 78701
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