When it comes to criminal justice, many factors are considered when determining how long a guilty defendant should go to prison or what the extent of their penalties should be. Prior convictions are one of the main considerations that impact sentencing for new crimes. If you are facing charges and have a criminal history it is crucial that you understand your legal rights and options. Reach out to an experienced Ramapo criminal defense attorney to obtain skilled representation and legal counsel.
Many factors affect sentencing including the following.
All of the above can act as either mitigating or aggravating factors depending on the unique situation.
In New York, information about your prior conviction is considered admissible in court. While sometimes the information is not relevant, the prosecution can use your criminal history as evidence of your character especially if you are being charged with a second or subsequent offense of the same crime. Your prior criminal conviction is relevant and can be used to impose harsher penalties and enhanced sentencing.
As established above, a defendant’s criminal history is one of many factors considered when determining jail or prison sentencing. The prosecution will consider any prior convictions when deciding what to charge the defendant with and the judge will consider them when issuing jail time.
Having one or more prior convictions is considered an aggravating factor. This is especially true when the past offenses were the same or similar to the one the defendant is currently facing.
Take, for instance, a defendant who has just been found guilty of a class C violent felony in New York. The sentencing guidelines for this level of offense are 3.5 to 15 years in prison. If the defendant is a first-time offender and there are no aggravating factors present the judge may decide to sentence them to 3.5 years, the least amount of time possible. However, if this is the second or third time this individual has committed this offense, they are considered a repeat or persistent offender. They will surely receive a sentence on the higher end, if not the maximum of 15 years.
A prior criminal history can also impact whether or not an individual is eligible for parole and the terms and conditions imposed on any parole. If you have been arrested for a second or subsequent offense it is imperative that you work with the best attorneys available to you. Reach out to a lawyer at the Law Office of Kevin T. Conway to discuss your situation and obtain representation today.
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