Texas’ Three Strikes Law

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You may have heard of California’s three strikes law before, but you probably didn’t know that Texas has a three strikes law as well.

Three strikes laws are intended to incarcerate repeat offenders for long periods of time. The idea is that felons get three strikes, just like in baseball. On the third strike — or third convicted felony — the prison sentence for the crime becomes severe. In Texas this means 25 years to life in jail.

Three strikes laws are intended to keep repeat offenders out of the general population and deter others from following in their footsteps. In California’s case, however, the law was accomplishing the wrong things. While it managed to lock up repeat violent criminals, it also caught up serial shoplifters and drug abusers who weren’t posing much of a threat to anyone.

California’s law was challenged a few times as a violation of constitutional rights. In the Supreme Court case Lockyer v. Andrade, Leandro Andrade asserted that the law violated the Eighth Amendment’s prohibition against cruel and unusual punishment. Andrade had been sentenced to life in prison for stealing nine videotapes from two California K-Marts. The court rejected this argument and others brought to it.

In the past election cycle, however, California voters amended this law to keep people like Andrade from under its net. The revised law says that the three strikes rule only applies when the third felony is of a “serious or violent” nature.

If you’re facing a third felony conviction, you need a Texas criminal defense attorney you can count on. At the Kyle Law Firm we take felony cases very seriously and will fight to defend your rights and secure your freedom. Contact us today to schedule a free consultation.



11 Responses to “Texas’ Three Strikes Law”

    • The Kyle Law Firm

      Ruben, if you still need a lawyer, call The Kyle Law Firm toll free at 877-316-1373, and experienced attorneys will review your case for free.

  1. Randy Bosley

    My son just got arrested on his 3rd
    felony. The 1st one was check forgery.
    The second was forgery of a government instrument. And the 3rd one was forgery of a governmentinstrument. He
    has heard that this might mean 25 years to life. Is there anything that can be done to reduce the sentence and how much would it cost to defend him.

    • The Kyle Law Firm

      Randy, your son could definitely use a strong defense attorney. It’s difficult to comment on how much his sentence could be reduced by and how much it would cost because all cases are so different, but remember that our lawyers won’t make a penny unless we win the case first. Call toll-free at 877-316-1373 for a free review of your son’s case.

  2. Jessica

    My husband is worried about transferring his parole due to being on his second strike… do his strikes travel with him from California to Texas?

    • The Kyle Law Firm

      Jessica, I can’t emphasize how unique each case is and how California and Texas laws differ. For this reason, it is important that you get in touch with experienced attorneys for a free and personal review of your husband’s unique situation. Call The Kyle Law Firm toll-free at 877-316-1373 so we can learn exactly what’s best for his situation.

  3. robert july 2, 2013

    my friend was arrested recently on her third felony.she is on parole. i heard due to the high amount of drug cases in texas, some are getting off with parole, rehab and other programs instead of going back to prison? is that true for someone with a 3rd felony. how much time is she facing.

    • The Kyle Law Firm

      Hey Robert,

      The law we’re talking about is officially called the Texas Habitual Felony Offender Statute. The courts will try to punish anybody being convicted for their 3rd felony if they have already being convicted for 2 previous felonies. It doesn’t matter if the crime is violent or not: what matters is if it’s a third felony.

      It’s difficult to know how long her sentence will be without knowing more specifics about her history. Choosing a good attorney in your area will also make a big difference in your friend’s case. Feel free to call The Kyle Law Firm toll-free at 877-316-1373, and good luck!

  4. Tammy

    If someone is convicted of a state jail felony in Texas, and gets arrested and charged with a 2nd degree felony and also a 3rd degree felony will they fall under the 3 strike law? If so are they looking at 25-life?

  5. Jay

    Does the 3rd strike law apply for my friend who is currentl on parole for a felony for possession of a controlled substance and aggravated robbery, and is now sitting in jail for 2 felony charges of possession of a controlled substance and one for delivery


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