Why such a large range when you hear 5-to-life when it comes to sex crimes? This range is put in place to make sure that the punishment fits the crime.
When a case goes to trial both the defense and the prosecution are obligated to bring with them all the details, evidence, and witnesses they can to help win their case. Based on their presentations, questioning, and the jury pool, you would be either convicted of, or acquitted of a crime. The term “5-to-life” refers to the amount of time you can receive, both minimum and maximum, for a crime with all the above considered.
You can also learn more about the penalty for sexual assault in Texas at our blog post “What is the penalty for sexual assault of a child?” or our YouTube video of Criminal Defense Attorney Shawn McDonald answering the same question.
Video Transcript:
Shawn McDonald: “I think ultimately the legislator wanted the jury to have the ability to consider the facts of each case.”
Interviewer: “OK.”
Shawn McDonald: “You know, there may be a… say you have a 17 year old kid who… some guy beats up his girlfriend or his stepdad beats up his mom really bad. He sees it for years and years and you know, kid moves out of the house, but it just wears on him so 5 years later he comes back and shoots and kills stepdad. Is that the same set of facts on a murder as a 42 year old man killing a 7 year old child and stabbing the child to death, some stranger and waiting on the subway?
Interviewer: “I’m with you.”
Shawn McDonald: “So, the legislator trusted the juries enough to be able to distinguish what is the appropriate sentence.”
Interviewer: “OK.”
Shawn McDonald: “Some may deserve a 5 or 6 year sentence. Some may deserve a life in prison without parole sentence. So, it gives the jury that ability. And you know, typically murders, just your every day murder, like you think of just a… maybe even a gang shooting, you’re looking anywhere from 30 to 65 years is typical range you’re going to get a jury to give somebody on a murder case.”
Interviewer: “OK.”
Shawn McDonald: “If it’s a issue like we talked about with the stepdad, juries are going to come down quite a bit. But it also really, really helps the state reach agreements and plea cases out.”
Interviewer: “OK.”
Shawn McDonald: “Because it’s very, very scary to go to trial on a first-degree felony even if you have good facts. What if you get a bad jury? They can life you. And so a lot of our clients don’t want to roll the dice. They don’t… they have to… it’s a risk assessment. I may be able to beat the case. Their facts aren’t very good. But if I don’t beat the case, the jury can give you life in prison. They are offering you 12.”
Interviewer: “I’m with you.”
Shawn McDonald: “So, it really assists the state in pleading cases. Because it’s not… I mean if you capped it at say 25 years, it’s 5-to-25… Someone’s like ‘Oh, the most I can get’s 25? And they’re offering me 15?'”
Interviewer: “I’ll try to fight it.”
Shawn McDonald: “‘I’ll try. It’s just an extra 5 years I have to do in prison.'”
Interviewer: “That makes sense.”
Shawn McDonald: “‘But if they’re offering me 12 and I get life…’ That’s an extra… you know, 18 years in prison if they have to do 30 flat. So it really assists us in keeping dockets, or the state, in keeping dockets moving.”
Interviewer: “That makes sense.”
Shawn McDonald: “Because that’s a scary proposition.”
Interviewer: “That makes sense.”
Disclaimer
*This blog post, “Why such a large range when you hear 5-to-life?”, is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.