How Prior Convictions Can Affect Your Current Case

When facing criminal charges, one of the most significant factors that can affect the outcome of your case is whether you have prior convictions. A criminal record can have a big impact on how a current case is handled—from the way the prosecution approaches it to the penalties you may face if convicted. 

It’s important to understand how prior convictions can influence your case and what strategies a skilled defense attorney can use to mitigate these effects.

The Impact of Prior Convictions

1. Sentencing Enhancements
   One of the most common ways prior convictions can affect your current case is through sentencing enhancements. Courts often impose harsher penalties for repeat offenders. 

   • • For example, in Texas, if you’ve been convicted of a felony before, your sentencing range for a new felony may increase. A third-degree felony (which normally carries 2 to 10 years in prison) could be enhanced to a second-degree felony (which carries 2 to 20 years) if you have one prior felony conviction.

2. Habitual Offender Laws
   In some cases, prior convictions can lead to being charged as a habitual offender, which comes with even more severe penalties. 

   1. • In Texas, if you have two prior felony convictions, those can enhance the punishment range of a new felony charge to the habitual felon punishment range, which is 25 to 99 years, or up to life in prison). 

3. Aggravating Factors in Sentencing
   Even if your prior convictions don’t trigger a specific sentencing enhancement, they can still be used as aggravating factors during sentencing. Prosecutors may argue that your prior record demonstrates a pattern of criminal behavior, which can persuade the judge or jury to impose a harsher sentence.

4. Aggravating Factorss in Plea Negotiations and Trials
   Prosecutors often take a tougher stance in plea negotiations when a defendant has a criminal history. They may be less willing to offer favorable plea deals to someone with multiple prior convictions. In addition, if your case goes to trial, prior convictions could be used to damage your credibility if you testify in front of the jury.

5. Probation or Parole Restrictions
   If you have prior convictions, you may find it more difficult to be granted probation or parole. Judges may be more likely to impose a prison sentence rather than a probation term, especially if your criminal history suggests that you are a repeat offender. Even if probation is granted, your prior record could lead to stricter conditions, such as longer probation terms, more frequent reporting requirements, or mandatory participation in rehabilitation programs.

Strategies for Mitigating the Effects of Prior Convictions

While prior convictions can pose significant challenges in your current case, there are several strategies to minimize their impact:

1. Motion to Exclude Prior Convictions
   In many cases, the judge will agree to not allow the prosecutor from mentioning prior convictions or other allegations against you during the trial of your current case. There are some exceptions, like if you “open the door” to those offenses (such as saying “I’m not the type of person who would do that sort of thing” when the prior offenses show that you are) or if they are relevant to the context of your relationship with the alleged victim of this crime, et cetera. 

2. Challenging the Validity of Prior Convictions
   If there were any legal issues with your prior convictions, such as issues proving that you are the same person who was previously convicted (like when they have lost paperwork or the finger prints are not good enough to read), your attorney may be able to challenge the validity of those convictions. 

3. Plea Bargaining
   Even if the prosecution is initially unwilling to offer a favorable plea deal, an experienced defense attorney may be able to successfully negotiate on your behalf. In some cases, it may be possible to negotiate a plea deal that avoids the most severe sentencing enhancements or other penalties related to your prior convictions. This could involve agreeing to a lesser charge or a reduced sentence in exchange for a guilty plea.

4. Presenting Mitigating Evidence
   When prior convictions are unavoidable, your defense attorney can present mitigating evidence to show the prosecutor, judge, or jury that you are no longer the person you were when you committed those prior offenses. This could include evidence of rehabilitation, such as completion of drug or alcohol treatment programs, stable employment, or strong family support. By demonstrating that you have turned your life around, your attorney can argue for a more lenient sentence.

5. Appealing to the Judge’s Discretion
   In many cases, judges have a degree of discretion when it comes to sentencing. Even if prior convictions are considered, your defense attorney can make a compelling argument for why the judge should impose a lighter sentence. This may involve highlighting any mitigating factors in your current case or presenting a strong case for rehabilitation rather than punishment.

The Importance of Legal Representation

When you’re facing criminal charges and have prior convictions, it’s critical to have an experienced criminal defense lawyer on your side. At the Law Office of Mike Howard, we understand how overwhelming it can be to face the possibility of enhanced penalties due to past mistakes. Our team is dedicated to providing aggressive and compassionate representation, helping you navigate the legal system and fighting for the best possible outcome in your case.

We know that every case is unique, and we tailor our defense strategies to your specific circumstances. Whether it’s filing motions to exclude prior convictions, negotiating with prosecutors, or presenting a strong defense at trial, we’re here to protect your rights and advocate for your future.

Prior convictions can have a significant impact on your current criminal case, but that doesn’t mean all hope is lost. With the right legal strategy and representation, it’s possible to mitigate the effects of your past and focus on building the strongest defense for your future. 

If you or a loved one are facing criminal charges, don’t wait—contact the Law Office of Mike Howard today for a consultation and let us help you protect your rights and your future.