When you are being charged with a criminal offense a variety of factors can influence the outcome of your case. One of the most notable factors contributing to a conviction and sentencing is your criminal history. Your criminal history can affect a new conviction by resulting in increased charges and enhanced penalties. If you are facing criminal charges and are concerned about how your record may affect your case, you need knowledgeable representation on your side. Work with a Pottstown criminal defense lawyer for experienced legal advice and assistance.
Does My Criminal History Affect My New Conviction?
Many variables are considered when determining an appropriate sentence for a crime. If you are convicted of a criminal offense one of the main factors that a judge will consider when issuing penalties is your criminal history.
Each state, Pennsylvania included, has sentencing guidelines that determine the minimum and maximum amount of time a convicted defendant can be sentenced to jail or prison. For example, in PA, a second-degree felony has a maximum prison term of 10 years. Whether a judge decides to issue the entire 10 years or give a more lenient sentence depends on the specific details of the case. The following factors are considered.
- The severity of the crime
- Whether the defendant has prior convictions of the same or of a similar nature
- Whether anyone was injured or killed as a result
- Aggravating and mitigating factors
Your prior criminal history is one of the most significant factors that a judge considers when determining the severity of penalties they plan to issue.
Your criminal record can even impact you before the trial begins. Depending on the crime, repeat offenders may face enhanced charges that automatically come along with harsher penalties. The prosecution will consider past convictions when determining how to charge you.
Can Prior Arrests Be Used Against Me?
While previous convictions can be used to demonstrate poor character or behavior, it is important to keep in mind that not all arrests lead to convictions. Many people get arrested or detained but the charges are dropped and they are not found guilty.
The Pennsylvania Supreme Court ruled in 2024 that prior arrests cannot be used as evidence in a case to prove bad character or for impeachment purposes. Their decision is based on the opinion that arrests are not relevant considerations for sentencing and do not inherently establish whether or not the defendant is likely to continue criminal activity.
Can Expunged Convictions Harm Me?
No, if your conviction has been expunged it will not be accessed or used during your current case. Felony convictions are difficult to get expunged but it is not impossible. The process of getting a misdemeanor expunged is much simpler.
One of the best ways to prevent your criminal history from negatively affecting you in any way is to seek expungement. Reach out to a skilled criminal defense attorney to discuss your options and obtain legal representation today.
