In New York, a defendant’s prior criminal history, particularly past convictions for violent crimes, can significantly influence the penalties imposed for new charges. State law explicitly permits the consideration of these prior violent crime convictions during sentencing, serving to deter repeat offenders, aiming to reduce recidivism by imposing harsher penalties on those with a demonstrated history of violent criminal behavior. Given the potential impact of past convictions on the outcome of a current case, it’s in your best interest to seek guidance from our experienced Nassau County Criminal Defense Attorneys, who can help you navigate the complexities of the legal process and advocate effectively on your behalf.
What is a Predicate Felon?
First and foremost, it’s important to understand that if a defendant has a prior felony conviction, violent or non-violent, within the past ten years, they will be considered a predicate felon. Essentially, this means they will face increased minimum and maximum sentences for the current offense they are facing. It’s another term for a second offender of a felony offense. You should note that if the prior conviction was also a violent felony, the defendant is typically referred to as a violent predicate felon, and the sentence is further increased.
How Do Past Violent Crime Convictions Affect Sentencing in New York?
It’s crucial to understand the statutes and legal precedents concerning prior offenses for anyone facing new criminal charges in New York. The court will consider several factors during criminal sentencing, including the crime’s severity and nature, the defendant’s age and mental health, the impact on victims, and the defendant’s remorse. However, a significant factor is the defendant’s criminal history.
Prior violent felony convictions lead to harsher penalties for new offenses. According to New York Consolidated Statutes § 70.06, a defendant classified as a second felony offender must receive an indeterminate sentence with extended minimum and maximum terms.
Furthermore, defendants classified as predicate felons or persistent violent felony offenders face more severe penalties, including longer prison sentences, higher fines, reduced chances of parole, and other negative consequences. According to the NY Statute § 70.08, a persistent violent felony offender is anyone currently charged with a violent felony, predatory sexual assault, or predatory sexual assault against a child, who also has two or more prior predicate violent felony convictions.
As you can see, a history of violent crime convictions can drastically impact the outcome of your current criminal case. The court imposes harsher repercussions on repeat offenders. As such, it’s in your best interest to connect with a skilled attorney from KCS Law, who can defend your rights and interests. Contact our office today to schedule your initial consultation.