How Prior Convictions Can Affect Current Criminal Cases

The facts of a criminal case in the eyes of a judge or prosecutor can become worse based on what you may have been convicted of in the past. In some cases, a statute could have a specific enhanced penalty for those who are repeat offenders. In other cases, a prosecutor may seek a more stringent sentence (or the judge could impose one) based on your criminal history. Whether you are facing first-offense charges or a repeat offense case, an Appleton criminal defense attorney at Hogan Eickhoff can work to protect your legal rights and seek the best possible outcome in your case.

Some Criminal Offenses Automatically Have Repeat Offender Enhancements

Numerous criminal statutes in Wisconsin provide for enhanced charges based on repeat offenses. Operating a vehicle while intoxicated (OWI) is one particularly common example. The type of charges that you will face, and the penalty if you are convicted, become more serious for repeat offenses. Second-offense OWI cases face a longer potential jail sentence and a greater possibility of actual time spent in prison before the possibility of early release.

Under Wisconsin law, a fourth offense OWI is charged as a Class H felony, no matter how long ago your prior convictions occurred. Like any Class H felony in Wisconsin, a conviction can mean that you are facing a jail sentence of up to six years.

The same general principle applies to other criminal charges in Wisconsin. Repeat offenses can lead to possible felony charges in the following circumstances:

• Possession or distribution of controlled substances
• Possession of firearms (someone who was convicted of a prior violent felony, who is then convicted of illegally possessing a firearm, can face a lengthier sentence)
• Domestic violence
• Repeat retail theft can elevate the charges from a misdemeanor to a felony, regardless of the amount of property that is alleged to be involved

Wisconsin Has a Strict Habitual Offender Law

Further, there is a specific law in Wisconsin that applies to habitual offenders. This law increases the maximum sentence that may be given to a repeat offender under certain circumstances. Under this law, there are two different ways that a sentence could be enhanced for prior convictions:

• You have been convicted of a felony within the five years preceding a second conviction (time spent in prison pauses the clock that is used for purposes of calculating the five-year period)
• You have been convicted of misdemeanors three times in the prior five-year period

This law does not create a separate offense. Rather, it means that a conviction on the current charges that you are facing will lead to a stricter sentence. A misdemeanor conviction can lead to a maximum sentence of two more years in jail. Felony convictions can lead to four or six more years in prison, depending on the maximum sentence for the current alleged crime.

You May Get a Harsher Sentence with a Prior Criminal Record

Even if there is no specific law that applies to your circumstances, you are likely facing a more difficult road in a criminal case if you have prior convictions. First, if you are already on probation for a prior conviction, a judge may deny bail if you are charged with another crime because you may be violating the terms of your probation. Even if you are not on probation, a judge may be less likely to grant bail, or they may set it for a higher amount based on your prior criminal record.

Second, prior convictions could make it less likely that a prosecutor will offer you a favorable plea deal if you choose not to fight the charges. Seemingly, the more favorable plea deals are given to first-time offenders who do not have a criminal record because they are given the benefit of the doubt that they will not commit future crimes. The law views these individuals both as less likely to present a danger to society and more able to be rehabilitated in the future. A prosecutor may still negotiate a plea bargain, but you can expect that they would recommend a stricter sentence, including the possibility of jail time.

Judges also closely review your criminal history when it comes time to sentence a defendant for a conviction. Jurists are more likely to view a defendant more harshly if they have prior convictions. If there are several prior convictions, a judge may be more prone to giving a sentence closer to the maximum or even disregarding a prosecutor’s sentencing recommendation in the event of a plea bargain. If a judge must choose between probation and a jail sentence, they are far more likely to opt for the latter in the event of a prior criminal record.

You Need Immediate Legal Defense if You Are Facing Subsequent Charges

You need a criminal defense lawyer any time that you are facing charges. The need is even more pronounced if you already have a record of convictions, given the potential punishment that you are facing. There are even more pressing strategic and tactical considerations in this case because a conviction may lead to a lengthy jail sentence. Nevertheless, it may still be in your best interests to fight the charges against you. If you choose to negotiate with the prosecutor, your criminal defense lawyer may help you secure a sentencing recommendation for a period of time that is less than the maximum sentence that you may otherwise face.

Contact an Appleton Claire Criminal Defense Attorney

The criminal defense lawyers at Hogan Eickhoff are the fighters that you need in your corner for a high-stakes case. We can work with you to help you formulate a defense strategy as you fight for your freedom and your future. You cannot leave your legal rights unprotected for any amount of time. Schedule a free initial consultation with one of our criminal defense attorneys by messaging us online or by calling us today at (920) 450-9800. We can help you get started on your defense.