Legal Question in Criminal Law in Texas

I have a friend that has a prior weapon felony from I believe 2005 anyway, my friend is being charged with an Posession of Cont. Subs. One Ounce, my friend told me the penatly carries 2-20 years, I was just wondering how much the prior felony will impact the new one, and what determines exactly how much jail time my friend is facing.

Asked on 12/20/10, 1:02 pm

1 Answer from Attorneys


Hello there,

The prior felony offense is going to make your friend not eligible for probation. In order to be eligible one cannot have a prior felony conviction. Now, if the first felony were not a conviction he would be eligible for probation.

If he only has one prior felony that isn't going to be enough to raise the minimum punishment range higher. For it to be raised higher he would need two prior felonies. With two prior felonies the minimum punishment would start at twenty-five hears. (25-99 years)

Now, this case can be enhanced to five to ninety-nine years due to the quantity of the drugs.

If I can be of any other further assistance feel free to contact me.


Erick Platten

Platten Law Office

304 West Rusk Street

Tyler, Texas 75701

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Answered on 12/27/10, 12:09 pm

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