Talk to a judge.
some background:
Interesting case here, actually. The charge being presented was battery stemming from the defendant having spit in the eye of a sheriff’s deputy. The sentence: 13 years in prison, three more than the prosecutor had asked for. Why so long? Because he’s HIV-positive, which makes that loogie a potentially (albeit unlikely) deadly weapon.
He was already in jail for robbery, which doubtless factored in.