A prior criminal history can play a major role in determining the penalties for an individual’s new crime in New York. State law allows past violent crime convictions to affect sentencing as a way to discourage repeat offenders. Understanding the laws surrounding prior offenses is crucial when facing criminal charges. Set up your free consultation with a New City violent crimes lawyer today.
A predicate felon, or violent predicate felon depending on the circumstances, is an individual who has a prior felony conviction within the last 10 years. It is simply another name for a second offender of a felony offense. If the prior conviction is a violent felony, the individual is generally referred to as a violent predicate felon.
In New York, courts examine and consider a variety of factors when determining the appropriate sentence for a criminal offense. Common factors that are taken into consideration include the severity and nature of the crime, the defendant’s age, the defendant’s mental health, the impact of the crime on any victims, the defendant’s remorse or attitude, and more. One of the most important factors is the defendant’s criminal history.
Past violent crime convictions will result in exacerbated penalties and sentencing for any new offense. Under New York Consolidated Statutes § 70.06, when the court finds that the defendant is a second felony offender, it must impose an indeterminate sentence with minimum and maximum terms greater than the standard sentencing guidelines.
An individual’s sentencing can also be impacted if they are deemed a persistent violent felony offender. Per NY § 70.08, a persistent violent felony offender is an individual who has two or more prior predicate violent felony convictions and who is currently being charged with a violent felony offense, predatory sexual assault, or predatory sexual assault against a child.
Any time an individual is considered either a predicate felon or a persistent violent felony offender, the individual can expect increased prison sentences, higher fines, a diminished opportunity for parole, and additional consequences.
In New York, a history of violent crime convictions can significantly increase the severity of penalties for new offenses. The legal system imposes harsher consequences on repeat offenders as a way to deter individuals from continuing to commit crimes and participate in violent offenses. Because of these higher stakes, it is highly recommended that any individual facing criminal charges seek legal counsel from an experienced attorney. Work with a skilled criminal defense attorney at the Law Office of Kevin T. Conway for skillful legal advice and representation.
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