How Prior Criminal History Affects Aggravated Sex Crime Cases

Being charged with an aggravated sex crime is a heavy weight to carry. If you or someone close to you is facing this in Texas, you’re likely scared and unsure of what happens next. What makes things harder is when there’s a past criminal record involved. Maybe it’s an old charge. Maybe it’s something you thought was behind you. But now it’s being brought up again. If that’s your situation, here’s what you need to know about how prior criminal history affects aggravated sex crime cases. In Texas, the court takes your history seriously. When you’re charged with a sex crime—especially one labeled as “aggravated”—a previous conviction can raise red flags. It doesn’t matter if it happened years ago or even in another state. If it was similar in nature or violent in any way, it could change how your current case plays out. Judges and prosecutors look at the past to help them figure out what to do next. If your record shows a pattern, they may try to argue that you’re more likely to offend again. That can lead to tougher treatment in court, higher bail, or even being denied bail altogether.

What Aggravated Really Means

An aggravated sex crime means the accusation includes force, threat, injury, a weapon, or something else that makes the charge more severe. If a minor was involved, or if the accused is someone in a position of trust or authority, that can also turn a regular sex charge into an aggravated one. Now add a prior charge to that mix, and everything becomes more serious. What might’ve once been a second-degree felony could now be bumped up to a first-degree, with longer prison time on the table.

Deandra M. Grant

Managing Partner

Douglas E. Huff

Partner & Criminal Division Chief

Kevin Sheneberger

Criminal Trial Division

Omar Sherif

Criminal Trial Division

James Lee Bright

Of Counsel

How the Law Sees Repeat Offenses

Texas law does not look kindly on repeat offenses, especially when the prior conviction was also for a sex crime. If you’ve been convicted before of certain crimes, like sexual assault or indecency with a child, and now you’re facing an aggravated charge, you may be considered a habitual offender. That label carries steep penalties. In some cases, a prior record means no probation. No reduced sentence. And no second chances. The judge may have fewer options, and the district attorney may push for the max sentence allowed by law.

What the Jury Might Think

If your case goes to trial, and the jury learns about your prior record, it can make things harder. The law says a past conviction isn’t supposed to prove you did something again. But in real life, people can’t always separate the two. A seasoned defense team can fight to keep that kind of information out of the courtroom. But it’s not always possible. That’s why having someone who knows how to present your full story matters.

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Ways It Can Affect Sentencing

Even if you are found guilty, what happens next depends on more than just the charge. Sentencing is where your history matters most. A prior conviction can raise the minimum sentence or take probation off the table. It might also lead the prosecutor to ask for more prison time or require you to register as a sex offender for life, instead of just a few years. Some charges carry mandatory minimums that can’t be lowered if there’s a past record. That means the judge can’t go easy, even if they want to.

Fighting the Label

One of the biggest challenges in cases like this is changing the story the prosecutor wants to tell. If you have a criminal record, they may try to paint a picture that says this charge “fits the pattern.” But people are more than a record. A strong legal team will work to show the full person—not just the past. That includes your work, your family, your efforts to stay out of trouble, and how this current charge may not be what it seems.

Every Case Deserves a Fair Look

No one wants to be judged only by their worst day. And no one should be written off because of something they did years ago. The law is tough, but you still have rights. You have the right to defend yourself. You have the right to tell your side. And you have the right to a lawyer who sees you as a person, not just a case number. This is a hard road, but you don’t have to walk it alone.

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What Can Be Done If You Have a Record

You might be thinking there’s no way out because of your past. But that’s not always true. There are ways to respond—even when the odds seem stacked against you. First, your legal team can challenge the way your prior record is being used. Not every past offense is treated the same. Some old charges might be kept out of court. If they aren’t similar to the new one or don’t show a pattern, a judge may decide they’re not relevant. And if your lawyer proves that the record was used unfairly or wrongly, it could weaken the case against you. Second, it matters how you’ve lived since that old conviction. If you’ve stayed out of trouble for years, have a steady job, or help take care of your family, that shows you’ve changed. A judge or jury needs to see that side of the story too. And a good defense will bring those things to light. Third, if this current charge doesn’t match what really happened, there may be ways to challenge the facts. Maybe you were falsely accused. Maybe there was a misunderstanding. Maybe the situation was more complicated than it sounds on paper. Your defense team can dig into the details and uncover what really happened.

What a Defense Lawyer Looks For

A strong lawyer doesn’t just read your file. They ask questions. They look for mistakes in how the case was handled. They challenge weak evidence. They check how your rights were treated from the start. Were you questioned properly? Was there a lawful arrest? Was any evidence taken the wrong way? These are the pieces that can turn a case around—even in hard situations. Just because a charge is serious doesn’t mean it’s open-and-shut. Every case deserves to be looked at with care and fairness. If you or someone you love is facing an aggravated sex crime charge in Texas—and there’s a prior conviction in the mix—you need help now. The decisions made early in the case can shape everything that follows. At Deandra Grant Law, we fight for fair treatment and work to build a strong defense from day one. Don’t wait. Reach out to us today and let’s start building your defense.