If you are found guilty by a judge or a jury, the case will proceed on to a punishment phase. During this phase, the state may bring up any prior bad acts or history. Before the trial begins, we must decide if it will be the judge or the jury to assess punishment. Each case is different, and this is something we will discuss before your trial begins. Most people have the judge assess punishment in their case, as they see many of these cases, and understand the severity (or non-severity) of the cases.