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In a Current Criminal Case, What Role May My Prior Convictions Take?
If you’ve been charged with a criminal offense, your past criminal history and convictions could directly impact how the court views and handles your case. Past convictions never help your current situation, but with a skilled, professional, and proficient criminal defense lawyer, the impact of your past convictions can usually be mitigated.
If you’re facing a new criminal charge, your past convictions can affect and shape the state prosecutors build their case and the severity of the consequences you may face.
State prosecutors often use prior convictions to argue for more severe or even upgrade a misdemeanor to a felony; a minor theft charge could be upgraded to a felony if you have a prior theft-related conviction.
Additionally, most judges will consider your criminal history when determining your sentence if you’re convicted. Alternatively, a previous clean record could result in leniency.
Of course, the San Diego courts will always follow California state laws, but some laws allow them to impose sentence enhancements for repeat offenders. A sentence enhancement could add years or decades to your prison sentence, especially if your conviction comes under California’s Three Strikes Law.
What is California’s Three Strike Law?
California’s Three Strike law was enacted to reduce overall crime in the state. However, this severe law has far-reaching consequences if you’ve been accused or charged with a crime. Many defense lawyers argue that the impact of the Three Strike Laws can inflict life-changing penalties that don’t always fit the current circumstances.
The Three Strikes Law significantly impacts legal decisions regarding the doctrines of repeat offenders in California. The law imposes increasingly severe penalties if you’re convicted of multiple serious or violent felonies.
For example:
- A First Strike offense – If you’re convicted of a serious or violent felony, this will count as your first strike. These convictions could include robbery, assault with a deadly weapon, specific sex crimes, and more.
- Second Strike – If you’re convicted of a subsequent serious or violent felony, the sentence you usually would receive for the new crime is automatically doubled.
- Third Strike – Your third strike conviction usually results in a mandatory sentence of 25 years to life in prison. This sentence could be imposed regardless of the severity of your third offense.
Many defense lawyers agree that the Third Strike Law is unforgiving and can affect your current case and sentence even if your other convictions are decades old.
This is one of the main reasons that if you’re facing any California felony charges, you must seek the professional advice, knowledge, and compassionate guidance of a criminal defense lawyer with extensive courtroom experience who will fight so that your past doesn’t dictate your future.
What Are Some Common Factors That May Impact the Effect of Prior Convictions?
The legal impact of prior convictions will vary depending on the type and severity of your previous offenses. Both state prosecutors and judges usually view repeat offenders and their offenses more harshly; this can lead to heightened scrutiny of your case and severely increased penalties. This is particularly true for cases involving any form of violence, including domestic violence, theft, or other repeat offenses.
Just some of the factors that may influence your case as a repeat offender are:
- The type of crime – Violent previous crimes, such as domestic violence or more severe felonies, will usually carry more weight than minor infractions.
- Time since your previous convictions – If your last convictions were years or decades old, they may have less influence on your current case, especially if you have maintained a clean record since the offense.
- The number of previous convictions – A frequent history of multiple past convictions indicates a pattern of criminal behavior, which will almost always lead to harsher penalties (and possibly the Third Strike Law).
- The relevance of past to current charges – Prior convictions similar to your new charge can cause great harm and be considered aggravating factors.
The above are only a few ways past convictions may affect your case. Still, they all underscore the importance of having a strong, diligent, and passionate criminal defense so that your past doesn’t negatively affect your future.
What Are Some Real Legal Consequences I May Face Due to My Prior Conviction?
Prior convictions and their effects extend beyond influencing how your case is prosecuted; they can also alter your sentencing, plea negotiations, and possible eligibility for diversion programs. California law allows enhanced sentencing in specific instances, particularly for repeat offenders. The worst example of these laws is the Three Strike Law, which can result in 25 years to life in prison for a third felony conviction. In other cases, your sentence could be doubled. This legal action can sometimes occur, even if you only have a single prior conviction. Additionally, under certain circumstances, mandatory minimum sentences for DUIs, domestic violence, etc., may be used for repeat offenders. As repeat offenders, state prosecutors are usually less willing to offer favorable plea deals and may view you and your case as a higher-risk defendant.
So, the above examples, and many more, make it critical that you have a skilled criminal defense lawyer to negotiate effectively on your behalf. Your lawyer will tirelessly and strategically work all legal alternatives, such as getting you into a California diversion program based more on treatment and rehabilitation than jail time. You must note that in almost all cases, having a prior conviction will legally complicate your case. However, a strategic legal approach to criminal defense can help minimize this impact. A knowledgeable and well-versed criminal defense lawyer will review your prior convictions to determine if they were obtained lawfully. If your lawyer finds procedural errors or constitutional violations in any of these previous cases, the convictions could be excluded from consideration. Your lawyer could also demonstrate evidence of your rehabilitation, which can effectively help counter the negative perception of prior convictions.
Some examples of rehabilitation may include:
- Attending and completing treatment programs.
- A long and stable employment history,
- Community involvement or volunteer work that you currently do.
It is a fact that any prior convictions can hurt your case. Still, with the help of a professional and passionate legal defense, you have legal options that will usually work to counteract their negative impact on your case.
I Have a Previous Conviction and Just Got Arrested; How Should I Proceed?
First, you must realize that a previous conviction, time, and California’s legal system are not on your side. Additionally, the stakes are incredibly high whenever a prior conviction is involved. California prosecutors have many resources at their disposal, and invariably, they will use your criminal history to draft a negative picture of you and your case that suits their agenda. You must immediately obtain a criminal defense lawyer who will immediately work to counteract the negative impact of your previous convictions. The criminal defense lawyers at the Law Offices of George Gedulin have years of sound and winning experience in high-profile criminal cases. They fully comprehend your situation and know the nuances of the law and the strategies that work in the San Diego courtrooms.
Call them today at 858-943-6591, and they will empathetically and convincingly fight the impact of your prior convictions, negotiate reduced charges, or take your case to trial. Don’t hesitate, as your future and freedom are on the line.
