We’ve all heard the phrase “Three strikes, you’re out!” in the context of baseball. However, in Texas, this concept has been adopted into the criminal justice system with the Three Strike Legislation. 

What is the Three Strike Legislation? 

Texas’ three-strike legislation is a set of laws designed to give repeat offenders harsher penalties when found guilty, or convicted, of multiple serious crimes. The principle is straightforward – commit three felonies, and you’ll face a longer sentence, often 25 years to life in prison without the possibility of parole. This legal strategy is part of Texas’ approach to crime prevention, aimed at keeping habitual offenders off the streets. 

What does this mean in practical terms? Imagine an individual who has two prior felonies commits another crime and is charged with manslaughter. If convicted, this individual’s sentencing could escalate dramatically under the three-strike legislation, potentially leading to life behind bars. 

How Can This Impact a Personal Injury Case? 

Most traffic offenses are misdemeanors. However, if a driver behaves recklessly or negligently, the penalties can escalate to criminal charges. The charges don’t have to be related, so imagine someone with two felony convictions causes a serious car accident while drunk. Even if the person’s past felonies weren’t related to driving, this third incident could activate the three-strike rule. Intoxication assault is usually a two to 10-year sentence, but since this is the third strike, the person could serve 25 years to life in prison. 

In a personal injury case, an attorney will look into the defendant’s criminal history. If the defendant has an extensive criminal background or multiple traffic offenses, plaintiffs could argue for higher compensation based on the defendant’s pattern of negligent or harmful behavior.

What Traffic Violations Can Be Felonies? 

The penalties for traffic violations can vary depending on the severity of the incident and the circumstances surrounding each violation. However, some violations can be an automatic felony if convicted. Though this is not an exhaustive list, these are the most common felony traffic violations. 

  • DWI Convictions: After three DWIs, each conviction is a third-degree felony. 
  • Intoxicated Assault: The first conviction is a third-degree felony. 
  • Intoxicated Manslaughter: The first conviction is a second-degree felony. 
  • Intoxicated Manslaughter on a Judge or Peace Officer: The first conviction is a first-degree felony. 
  • Hit and Run: If the victim is injured, the first conviction is a third-degree felony. If the victim is killed, the first conviction is a second-degree felony. 

It’s important to understand this legislation because it proves that all actions have consequences. Choosing to drink and drive can lead to taking someone’s life, resulting in spending the rest of yours in prison.