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If you have been through the court systems before, you know how stressful, time-consuming, and expensive they can be. You don’t need someone to explain how this can affect your life; your past conviction gives you a unique amount of experience regarding court systems and guilty verdicts.
Maybe you took a plea agreement last time and pled guilty in order to lessen your charges and penalties, thinking you wouldn’t go through something like this again. Yet, here you are, facing down a new charge, and you are worried about how your past guilty verdict is going to impact the outcome of your current charge.
You are right to worry; a prior conviction will almost assuredly affect any charges against you and the outcome of that court case. Don’t worry, though; there are still options, and your fate is not sealed!
What is a Habitual Offender?
A habitual offender, also called a repeat offender, is someone who commits a crime, is found guilty, and then commits another crime sometime in the future. Note that the crime does not have to be the same. For example, if someone is charged and convicted for assault and then later charged with breaking and entering, they could be considered a repeat offender.
This is important because it is the first step to understanding how a prior offense can impact your defense strategy if you are charged with a different crime in the future.
A habitual offender faces more challenges than a first-time offender. A habitual offender will need to retool their defense to accommodate any prior convictions. In Florida, habitual offenders will face more serious charges and penalties. A crime that normally would carry a misdemeanor charge and a simple fine may be bumped up to a felony with some serious jail time.
A habitual offender is less likely to receive a plea bargain from the prosecuting attorney. If they do receive a plea bargain, then it will have stricter terms and still likely incur harsh penalties that the repeat offender did not receive during their prior conviction.
How Does a Past Conviction Impact a Current Charge?
It is not uncommon for someone to take a plea deal to lessen their charges, reduce the penalties they face, or simply put the criminal court ordeal behind them so they can move on with their lives. It is also possible you were never offered a plea agreement, and you simply could not beat your prior charge, and the court found you guilty. Either way, you likely planned on staying on the straight and narrow. You probably did not consider how a prior conviction would impact you in the future because getting into trouble again was not an option for you.
Plea agreements could be particularly tricky. After all, even if you fully believed in your innocence, you likely took the agreement because you couldn’t afford the risk of going through court, whether that be the financial impact or the fear of receiving more severe charges if you didn’t take a deal. Plea deals require you to admit guilt, regardless of how innocent you believe you are.
Whether your prior conviction was a result of an agreement or not, you will face new trials in your felony defense case. The prosecuting attorney will likely seek harsher penalties. They will also be less likely to work with you towards lesser charges and penalties. You will also have to work harder to defend your character, as the prosecuting attorney will attack your character and attempt to paint you as a criminal who needs to be dealt with.
This is where an experienced felony defense lawyer can mean the difference between incarceration and freedom.
What Defenses Will Your Attorney Use?
There are many strategies your attorney will use to prove your innocence. The objective is to have your charges lessened, your penalties lightened, or the charges dropped entirely.
Some defenses they may use on your behalf may include the following.
Innocence
Your defense attorney will attempt to argue that you did not commit the crime you are accused of.
Alibi
Proving that you were not present when the crime occurred is a strong legal defense.
No Intent
Felony charges usually require the prosecuting attorney to prove intent. A lack of intent can result in charges being lessened or even dismissed.
Lacking Evidence
Protocols must be followed when collecting or using evidence. If any of these protocols were violated, perhaps by unreliable collection methods or witness credibility, then that evidence or witness may be discredited.
Constitutional Protections
If your constitutional rights were violated when you were charged, your attorney can fight to have your charges dropped.
Self Defense
You are legally allowed to protect yourself, even if doing so has the possibility of injuring someone else. If your charges arose from you defending yourself, you likely have a strong defense.
Is a Public Defender Enough?
Every person has the right to an attorney, even if they can’t afford one. These lawyers are often referred to as “public defenders.”
These lawyers certainly can help you build a case, and you might even beat your charges working with them. The problem is that public defenders are overworked and underpaid, and they have a wide range of case work.
Wouldn’t you rather have an attorney who is tuned into your wants and needs and educated on your particular case?
Call 863-216-1831 to schedule your free consultation with DeMichael Law. Work with an attorney who puts you and your case first and has the time to get the best outcome for your case, regardless of your past!
