How a Criminal Conviction Can Impact Your Current Criminal Case

If you have been convicted of a crime before and are currently facing criminal allegations, you may be wondering whether and how your prior conviction can impact your current case. Unfortunately, having a prior criminal conviction can have a significant influence on the course and outcome of your current case. The criminal justice system considers an individual’s criminal history when the person is accused of a new crime, which can result in a person facing more severe charges and penalties. Read on to learn more.

How Can a Prior Conviction Impact Your Criminal Case?

A prior criminal conviction can influence your current criminal case in several ways, and the impact can begin even before a trial begins. Law enforcement can see your previous conviction(s), and this may affect the kind of crime you are charged with. A prior criminal conviction can result in criminal charge enhancement, especially if it is related to the current charge. For instance, if you were convicted of assault in the past and you are accused of the same crime, your previous conviction may result in your current offense being elevated from a misdemeanor to a felony. Often, second or third offenses are charged as felonies.

Second, a prior criminal conviction can have an impact on sentencing. When determining the appropriate sentence after a conviction, judges may consider the defendant’s criminal history. Someone with a previous criminal conviction may face harsher penalties, including a longer prison sentence and larger fines. The judge will consider the nature of the prior offense(s), the time elapsed since the last conviction, and other factors, such as the efforts made by the defendant to rehabilitate or reform themselves since the previous conviction, to determine the appropriate sentence. A prior conviction can even impact an individual’s eligibility for probation or parole.

It is vital to note that New York has a “persistent violent felony offender” law. This is an offender who has been found guilty of a violent felony crime or other specific crimes after having been subjected to at least two predicate violent felony convictions. Under New York Penal Law Section 70.08(2), if the court finds that a person is a persistent violent felony offender, the court can sentence the person to life imprisonment.

It is also crucial to note that even if a prior criminal conviction is not related to the current charge, it may still impact the outcome of the case. For example, suppose you have a previous conviction of drug possession and are now facing assault charges. In such a case, your drug conviction may be viewed as evidence of a general disregard of the law, resulting in harsher penalties.

If you have a criminal record and are facing criminal accusations, it is crucial that you enlist the help of a skilled criminal defense attorney. An experienced attorney can help you understand the potential impact your criminal record can have on your current case. They can guide you on how to mitigate the effects of your prior conviction(s). A skilled defense attorney can help you develop a strong defense strategy that takes into account your previous conviction(s).

Contact an NYC Criminal Defense Attorney

If you are facing criminal charges in New York and have a criminal record, our skilled NYC criminal defense attorney, Mark I. Cohen, is here to help. Contact us to schedule a consultation and discuss your case.

Source:

nysenate.gov/legislation/laws/PEN/70.08