Asked 8/15/2016 – San Antonio, TX

My fiancé was sentence to 7 years on his first charge/felony for possession of control substance with intent to deliver 4g-200g he was told if plead guilty he’d get probation however that wasn’t the case he got 7 years in prison. Now with no previous record is this right? I’m so confused on the system

Answer

The exact punishment your fiancée was facing depended on the type of drug alleged in the indictment, but I will assume his charge was under Section 481.112 if the Texas Health and Safety Code.; that would make the case a 1st degree felony, punishable by confinement in prison from 5 to 99 years. Just because a person has no previous conviction does not mean probation will automatically be granted in a case.