Legal Question in Criminal Law in Texas
This is the scenario. A person is being charged with assault family violence(which is class A misdeamor). Also the same person has a prior assault family violenc approx. 8 yrs. ago. Is it legal or possible to enhance a third degree assault family violence felony charge to a second degree felony by using a prior 4 th. degree State Jail felony of forgery.
Asked on 2/01/10, 12:43 pm
1 Answer from Attorneys
Paul Walcutt
Law Office of Paul Holt Walcutt
Yes. A prior conviction for Assault Family Violence allows the State to enhance a subsequent charge of AFV to a 3rd degree felony. Under the Penal Code, the State could further enhance this charge to a 2nd degree felony if the person had a prior state jail conviction.
Answered on 2/06/10, 12:49 pm
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