Like in many states, a defendant’s prior criminal history, particularly convictions for violent crimes, can significantly impact the penalties imposed for new offenses in New York. It’s important to understand that state law allows prior violent crime convictions to be considered during sentencing to deter repeat offenses and reduce recidivism by imposing stricter consequences on individuals with a history of violent criminal behavior. Given the potential impact of prior convictions on the outcome of a current criminal case, it’s advisable to consult with a skilled Rockland County Criminal Defense Attorney who can advocate for your rights.
Who is Considered a Predicate Felon?
When a defendant has a prior felony conviction, violent or non-violent, within the past ten years, they are classified as a predicate felon, meaning they will face increased minimum and maximum sentences for new charges. Essentially, if they are convicted of a new felony, their sentencing will be enhanced compared to a first-time felony offender as a result of their prior conviction.
It’s important to note that if a defendant has two or more prior felony convictions, they can be considered a persistent violent felon offender, meaning they can face life in prison for a subsequent violent felony offense in New York. However, prior violent crime convictions can influence sentencing even for non-violent offenses.
How Do Past Violent Crime Convictions Affect Sentencing in New York?
In New York, a defendant’s prior criminal history significantly influences sentencing for new criminal charges. While courts consider factors like the current crime’s severity, victim impact, and the defendant’s remorse, prior violent felony convictions lead to stricter penalties.
New York Consolidated Statutes § 70.06 mandates indeterminate sentences with longer minimum and maximum terms for second felony offenders. Defendants classified as predicate felons or persistent violent felony offenders face even harsher ramifications, including extended prison terms, increased fines, reduced parole opportunities, and other negative impacts. A persistent violent felony offender, as defined in New York Statutes § 70.08, is someone currently charged with a violent felony, predatory sexual assault, or predatory sexual assault against a child, who has at least two prior predicate violent felony convictions. Therefore, understanding the relevant statutes and precedents regarding prior offenses is crucial for anyone facing new criminal offenses in New York.
As you can see, prior violent crime convictions can significantly impact the outcome of your current case. At The Law Office of Carl Spector, we are prepared to help you understand how prior offenses may affect your case and what legal strategies can be employed to achieve the best possible outcome. Connect with our firm today for guidance and skilled representation.
