The Eighth Amendment to the United States Constitutionforbids cruel and unusual punishment, and the Texas state Constitution echoes this sentiment. Why, then, is Rose Ann Davidson serving a life sentence in a Texas prison for repeat DUIs despite the fact that she never caused a car accident while driving drunk? You can blame enhanced sentencing guidelines, and even though defendants subjected to these excessive penalties have frequently appealed their sentences, the higher courts have consistently ruled that the trial courts were within their rights to hand down these sentences, up to and including life in prison for nonviolent crimes.
Davidson is one of these defendants; the U.S. Supreme Court ruled to uphold her sentence. As of 2024, she is 55 years old, and her only hope of ever getting out of prison alive is if she gets out on parole. Texas courts may apply enhanced penalties if there are aggravating factors surrounding the current charges; one of these is the defendant having a prior criminal record. Therefore, it is worthwhile to fight every charge. A Texas criminal defense lawyer can help you avoid receiving an enhanced sentence.
Reasons for Enhanced Sentencing
Enhanced sentencing guidelines apply when something in the circumstances of the case makes the court consider the crime worse than just plain fraud, just plain assault, or whatever other charge the defendant is facing. The following count as aggravating factors that trigger enhanced penalties:
● Prior criminal history – Prior convictions, whether they are for misdemeanors or felonies, can make you eligible for enhanced penalties for subsequent convictions. This is the rationale behind the "three strikes" laws.
● Weapons – If the crime involved a weapon, it is worse than if it did not. If a firearm or knife was involved in your alleged crime, enhanced sentencing could apply.
● Characteristics of the people affected by the crime – Stealing from a store is bad, but stealing from an individual is worse
Social Security is worst of all. Sex crimes and financial crimes are subject to enhanced sentencing if the accuser is an elderly person, a minor, or a person with a disability.
Fighting Your Charges Today Can Spare You a Draconian Punishment in the Future
Prior criminal records can amplify your sentence for a subsequent offense in terrifying ways. Pleading guilty to a misdemeanor charge such as shoplifting or vandalism when you are 19 might not seem like such a big deal, but if you get arrested in the future, it could turn a misdemeanor charge into a felony charge or, in the worst-case scenario, get you a life sentence for a nonviolent offense. Therefore, the best choice is to have a criminal defense lawyer help you fight your charges, even if you are eager to put your case behind you quickly.
Contact the Law Office of Patrick J. McLain, PLLC About Criminal Defense Cases
A Dallas criminal defense lawyer can help you avoid a conviction that would result in an enhanced sentence. Contact the Law Office of Patrick J. McLain, PLLC, in Dallas, Texas, to discuss your case.