How Can Past Convictions Affect Sentencing for New Crimes?

An individual’s history of criminal behavior can significantly influence the outcome of a new case. Under the United States justice system, it is believed that prior behavior will likely predict future behavior. Past convictions can affect sentencing for new crimes as a prior criminal record is often considered an aggravating factor. If you are facing criminal charges it is crucial that you work with an experienced Mercer County criminal defense lawyer. Reach out to an attorney at the Law Office of Douglas Herring today to set up your free consultation.

What Are the Sentencing Guidelines in NJ?

In New Jersey, there are sentencing guidelines for each level of criminal offense. A judge and jury must abide by the guidelines and issue penalties to a guilty defendant that fall somewhere within the given range. For example, below are the jail or prison sentence guidelines for each type of offense in NJ.

• Petty disorderly persons offense: Up to 30 days
• Disorderly persons offense: Up to 6 months
• Fourth-degree indictable crime: 12 to 18 months
• Third-degree indictable crime: 3 to 5 years
• Second-degree indictable crime: 5 to 10 years
• First-degree indictable crime: 10 to 20 years OR between 20, 25, 30 years, and life in prison

How Can Past Convictions Affect Sentencing for New Crimes?

As established above, a judge has the discretion to issue a prison sentence tailored to the defendant and their situation, as long as it is within the guidelines established for each level of crime.

Many factors can affect the outcome of a sentence. A judge may consider a variety of information relevant to the case such as if the crime was excessively violent, if anyone was injured or killed, whether or not the defendant shows remorse, and whether the defendant has any prior criminal convictions.

A defendant’s criminal history can impact a judge’s decision. People who are convicted of similar crimes multiple times will likely receive enhanced penalties for a subsequent conviction. Courts generally consider a person’s history of past convictions as an indicator that they will continue to commit crimes in the future.

If a defendant is found guilty of a fourth-degree indictable crime but shows remorse and no aggravating factors were present, the judge may give them the lowest sentence of 12 months as a way to show leniency. However, if that same individual commits the same offense one year after being released from prison, the judge will likely issue a sentence on the higher end of the range. This is to continue to discourage criminal behavior and further punish the individual as they clearly did not learn from their first punishment.

Past convictions can also impact your chances of getting a plea deal. The prosecution is less likely to offer you a plea bargain if you are a repeat offender or have a history of similar offenses. If you were arrested for a crime in NJ, contact a skilled attorney today to learn more about your legal options.