Enhanced Sentencing for Repeat Offenders in Texas

A middle-aged man standing in a courthouse hallway holding legal papers, symbolizing the serious consequences of enhanced sentencing for repeat assault charges in Texas and the importance of hiring a lawyer near you.

Enhanced Sentencing for Repeat Offenders in Texas

In Texas, assault penalties are serious the first time around—but they become significantly more severe for repeat offenders. Whether you’ve previously been convicted of assault, family violence, or another felony, a second or third offense can lead to enhanced sentencing—meaning longer prison terms, higher fines, and fewer second chances.

If you or someone you know has been charged with assault and has a prior record, understanding how enhancements work under Texas law is critical. Prosecutors across Harris County and Galveston County aggressively pursue enhancements, especially in cases involving family violence, weapons, or protected victims.

In this post, we’ll walk you through:

  • How Texas law enhances sentences for repeat assault charges

  • What prior convictions count toward enhancement

  • The difference between repeat misdemeanors and repeat felonies

  • What enhancements mean for family violence cases

  • How prosecutors use enhancements to increase penalties

  • What you can do to avoid a second conviction

What Is Enhanced Sentencing?

Enhanced sentencing means you face greater punishment for a new charge based on your prior criminal history. For assault cases, this often turns a misdemeanor into a felony, or increases the punishment range for a felony to a higher level.

Enhancements apply to both:

  • Repeat misdemeanor assault charges

  • Felony assaults with prior convictions for assault or other crimes

These laws are designed to treat repeat offenders more harshly—especially in violent or domestic cases.

When Is an Assault Charge Enhanced?

Here are the most common scenarios in Texas:

Repeat Assault – Family Violence (Texas Penal Code §22.01(b)(2))

  • A second charge for family violence is automatically enhanced to a third-degree felony

  • Even if the first offense was a Class A misdemeanor

  • No need for the victim to be the same person

Penalty: 2 to 10 years in prison and up to $10,000 in fines
This is one of the most common enhancements in domestic assault cases across Harris and Galveston Counties.

Learn more in: Assault in Family Violence Cases in Galveston County (Include repeat offender felony escalation)

Assault with Prior Felony Convictions

  • If you’ve previously been convicted of a felony, your sentencing range for a new felony may increase under Texas’s habitual offender statute

  • A second-degree felony could be punished as a first-degree

  • A third-degree felony may receive second-degree sentencing

Continuous Violence Against the Family (Texas Penal Code §25.11)

  • If you commit two or more family violence assaults within 12 months, the State can charge you with this stand-alone third-degree felony

  • The assaults don’t need to result in conviction—just police reports or witness statements

Penalty: 2 to 10 years in prison, even if neither incident would qualify as a felony on its own

See: Continuous Violence Against the Family Charges

Felony Enhancement Based on Prior Felony Convictions

  • For defendants with two prior felony convictions, the penalty range jumps to 25 years to life

  • This is called habitual felony enhancement

  • Prosecutors use this to apply extreme pressure on repeat offenders, even in non-violent cases

Examples of Enhanced Assault Sentences

Example 1: Repeat Family Violence A man was previously convicted of misdemeanor family violence against his girlfriend. Two years later, he’s arrested after pushing his new partner during an argument.

Charge: Assault – Family Violence – Repeat Offender
Classification: Third-degree felony
Penalty Range: 2–10 years in prison

Example 2: Felony Assault with Prior Conviction A woman was convicted of aggravated assault five years ago. Now she’s charged again for striking someone with a metal object in a fight.

Charge: Aggravated Assault – Second Offense
Classification: Enhanced to First-Degree Felony
Penalty Range: 5–99 years or life

What Happens at Sentencing?

If the State seeks an enhancement, they must prove your prior conviction with:

  • Certified court documents

  • Fingerprint comparisons

  • Testimony or police reports

Once proved, the judge or jury will sentence you within the enhanced range. You may still receive:

  • Probation (less likely)

  • Deferred adjudication (rare in enhanced cases)

  • Mandatory prison time (common in felony repeat violence cases)

Prosecutors are not required to offer plea deals once enhancement is filed. This is why early negotiation by an experienced lawyer near you is critical.

Will an Enhanced Assault Be on My Permanent Record?

Yes. Once you’re convicted of an enhanced offense:

  • It becomes a permanent felony record

  • You are not eligible for expungement or non-disclosure

  • You lose gun rights permanently

  • It may affect child custody, employment, and immigration status

Even if your prior conviction was a misdemeanor, enhancements can still make your new case a felony with serious consequences

See: How Assault Convictions Affect Your Record and Background Checks

Can You Get Probation for an Enhanced Assault?

It depends on the charge and your criminal history.

Probation is less likely if:

  • Your prior conviction was recent or violent

  • The new offense involves serious injury or a weapon

  • The judge believes you are a danger to the public or the alleged victim

Judges in Galveston County are especially strict with enhanced cases, and may require:

  • BIPP classes (for family violence)

  • No-contact orders

  • Drug/alcohol treatment

  • Jail time as a condition of probation

Explore more in: Can You Get Probation for Assault in Galveston County? (Straight vs. Deferred)

How Prosecutors Use Enhancements to Push Pleas

Even if the case is weak, prosecutors often use enhancements as leverage to:

  • Pressure defendants into pleading guilty

  • Avoid trial by threatening longer sentences

  • Push for time in state jail or prison

An experienced attorney can challenge the validity of prior convictions, negotiate charge reductions, or argue for probation over prison time.

Why You Need a Criminal Defense Lawyer Near You

If you’re facing an assault charge with a prior conviction—even a misdemeanor—your case is now in serious territory. You’re at risk of a felony conviction, years in prison, and a lifetime criminal record.

At the Law Office of JL Carpenter, we help clients across Harris County and Galveston County challenge enhancements, negotiate better outcomes, and fight unjust charges. JL is a former felony prosecutor who knows how enhancements are used—and how to dismantle weak cases before they reach trial.

Let us help you protect your record, your future, and your freedom.

Call (713) 201-6767 or visit https://www.jlcarpenterlaw.com/contact/ for a confidential consultation with a trusted lawyer near you.