Reviewed on: May 01,2026

Do Prior Prison Sentences Mean More Prison on New Charges?

My boyfriend was in prison years ago over 10. It was a 17 year stretch. Now he is in county 28th new charges. Does that mean back to prison?

Asked: January 10, 2018
Author: Terri
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The honest answer is that a prior 17-year prison sentence weighs heavily against any outcome that does not include additional incarceration on new charges.

Criminal history is one of the most significant factors judges and prosecutors consider at every stage of a case, from charging decisions through plea negotiations to sentencing. Someone with a 17-year stretch already on their record is viewed very differently from a first-time offender facing similar charges. The prior sentence signals to the court that incarceration was already tried as a consequence and that the behavior continued regardless.

The specific nature of the new charges matters enormously in determining what comes next. Felony charges, violent offenses, and anything that mirrors the original conviction create the strongest case for a significant prison sentence. Less serious charges or circumstances that are genuinely distinct from the prior history give defense counsel something to work with in arguing for an alternative outcome.

The 28 days in county so far represent the beginning of a process that could take months to resolve, depending on how the case moves through the court. That time in county will likely be credited toward any eventual sentence if prison time is imposed.

The single most important variable right now is the quality of legal representation. An experienced criminal defense attorney who knows the local courts and prosecutors can assess the actual exposure, identify weaknesses in the case, and negotiate toward the best possible outcome given the circumstances. Without that representation, navigating a new felony case with a significant prior record is an extremely difficult position to be in.

https://www.inmateaid.com/ask-the-inmate/do-prior-prison-sentences-mean-more-prison-on-new-charges#answer
Accepted Answer Date Created: January 11,2018