I was convicted of a state jail felony in Texas in 2004, later on in Virginia I was convicted of an "Unclassed Felony" (Embezzlement) in 2007. Would those charges count as two strikes? Or one strike? Also do state jail felonies count as a strike? Sorry this is a lot to answer.**state jail felony was forgery
#1) Yes, felonies from other states do carry over in regards to the habitual offender laws. (Although sometimes it is harder for the State of Texas to get the priors from other states / figure out what degree they were, etc.)
#2) State jail felonies mostly do not count as a strike. BUT having 2 State Jail priors can be used to enhance a new State Jail to a 3rd Degree.
#3) Your Virginia Embezzlement prior counts as a strike if you went to prison for it / what degree of felony it was.
Are you charged with a new crime? (don't answer that here)
If you are charged with a new crime, start interviewing lawyers as soon as possible. If you are not charged with a crime, stay out of trouble. If there is a way to enhance you, the State of Texas will try to do it.
I am a former State prosecutor and now handle criminal defense cases. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Well, it would be a lot to answer to give you a full explanation--it's pretty complicated the way enhancements work when you get into state jail felonies. The short version is that given that you're describing a combination of only one state jail felony conviction and one felony conviction of some sort from another state (dot know what that is, but I can guarantee it's not a state jail felony, because that's a Texas-only thing), you can't be enhanced if your current offense is another state jail felony, but it's possible that you can if it's a regular felony (the Virginia case would have to be considered a felony by Texas standard, meaning an offense punishable by more than one year incarceration, and you would have to have actually gone to prison--probation doesn't count for this purpose).
In Texas we don't call them strikes but enhancement paragraphs. State jail enhancements are tricky, but in general that won't be used to enhance yoi. Your out of state felony can definitely be used as an Enhancement. An enhancement paragraph basically bumps your punishment level up one degree. So if you're charged with a third degree, your punishment range goes from 2-10 up to 2-20. You'll need to discuss the specifics with your attorney.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please consult an attorney who practices criminal law in your jurisdiction for the most accurate legal advice.
I agree with many of the lawyers who have already answered. In Texas, the previous charges may be used to enhance the punishment of any later convictions. Hopefully you will never have to deal with the enhancement issue! Good luck!
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