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What guidelines do they use to enhance a sentence

Mesquite, TX |

my husband was charged sentenced on assault on a public servant but the sentence was enhanced and he was given 20yrs. he had been on parole before in another state on drug charges. but completed the probation and had not had any other trouble for over 10 yrs. How can they enhance that

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Attorney answers 3


In federal cases, sentencing begins with "guidelines", but state courts in Texas have no such "guidelines". Sentences vary widely from court to court and from county to county. As far as enhancements are concerned, criminal history can seriously affect the range of punishment, increasing both maximum and minimum sentences. Exactly how the range of punishment is affected depends upon specific factors which are case-specific.


In texas if you have had prior felony convictions at any time and in any State in your adult life the charge can be enhanced for sentencing purposes a third degree becomes a second, and so on. There are minimum and maximum sentence guidelines. That is how he wound up with 20 years


His case could be enhanced with any prior felony whether it's in Texas for another state.

This answer is general information only and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action.

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