Cofer Luster Criminal Defense Lawyers | August 25, 2026 | Criminal Defense
A prior criminal case can matter when you are arrested again in Texas. Depending on what happened in an earlier case, your record may affect your bond, the punishment you face, and how prosecutors handle the new charges.
However, not every arrest or conviction has the same effect. The current offense, the type of prior offense, when it occurred, and how the previous case was resolved can all influence the outcome of the new case.
Will a Prior Criminal Record Make Your Current Charges More Serious?
Certain prior convictions can make a new offense more serious. Some Texas statutes increase the classification of an offense when the defendant has a qualifying prior conviction.
For example, assault causing bodily injury against a family or household member is ordinarily a Class A misdemeanor. It can become a third-degree felony if the defendant has certain prior convictions involving family violence.
DWI provides another example. A first DWI is generally a Class B misdemeanor, while a second is generally a Class A misdemeanor. A person with two qualifying prior intoxication-related convictions can face a third-degree felony for a subsequent DWI.
The rules vary by offense, so a prior conviction does not automatically increase every future charge.
Can Your Criminal History Affect Your Bond?
A judge may consider your criminal history when deciding the amount and conditions of your bond. Your record is one of several factors that may be relevant to whether you will appear for future court proceedings and whether particular release conditions are appropriate.
Other factors the court may consider include:
- The nature and circumstances of the current offense
- Your ability to make bail
- Previous failures to appear in court
- The safety of the alleged victim and the public
A prior conviction does not automatically mean you will be denied bond. Texas law limits the circumstances in which a person can be held without bail.
Can Prior Convictions Increase Your Sentence in Texas?
Texas law allows certain prior convictions to increase the range of punishment for a new offense.
For example, a third-degree felony can be punished as a second-degree felony when a defendant has a qualifying prior felony conviction. Similarly, a second-degree felony can be punished as a first-degree felony under certain circumstances.
Texas also has enhanced penalties for certain habitual felony offenders. When the statutory requirements are satisfied, a defendant may face 25 to 99 years or life in prison.
Not every prior conviction qualifies for these enhancements, and prosecutors must establish the convictions they rely on to support the enhanced punishment range.
How Can Your Criminal Record Affect Plea Negotiations?
Prosecutors may consider previous convictions when deciding what plea agreement they are willing to offer. A record containing multiple convictions or offenses similar to the current charge may affect whether prosecutors agree to reduced charges or recommend a particular sentence.
Prior convictions can be especially important when they increase the possible punishment for the new offense. However, the evidence supporting the current charge, available defenses, and other facts can also affect plea negotiations.
Can an Old or Expunged Case Be Used Against You?
An old conviction may still be used against you in a new Texas criminal case. The passage of time alone does not necessarily preclude the use of a prior conviction to enhance the punishment for a subsequent offense. Whether it can be used depends on the offense and the specific enhancement law involved.
Generally, an expunged case cannot be used against you in the same way as an ordinary criminal record because a Texas expunction order requires the records to be destroyed or returned. This differs from an order of nondisclosure, which restricts access to the record but does not erase it.
Contact Cofer Luster Criminal Defense Lawyers To Speak With a Fort Worth Criminal Defense Attorney
Prior convictions can lead to enhanced penalties if you are charged with another crime in Texas. Before prosecutors can use a prior conviction for enhancement, however, they must meet the applicable legal requirements.
If you have a criminal record and are facing new charges in Fort Worth, contact Cofer Luster Criminal Defense Lawyers today at (682) 777-3336 and get a free consultation.
We serve the surrounding areas of Tarrant County and Fort Worth, TX.
Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102
