Dealing with criminal charges is incredibly confusing, especially if some prior convictions are troubling you. Under Florida law, prosecutors and judges have the discretion to consider your record in deciding what charges, penalties, and sentencing will apply. It is most important to know how your criminal history will affect your current case so that an effective defense may be built.
How Previous Convictions Affected Charges
If you have prior convictions, prosecutors may pursue more severe charges against you. For instance:
- A second or third DUI offense may elevate from a misdemeanor to a felony.
- Subsequent theft offenses transform penalties between minor property values into harsher classifications.
- Most violent crimes are charged with exceptions and/or minimum mandatory sentencing if there are prior convictions.
Enhancement: Sentencing
Judges consider a person’s criminal history before sentencing. A prior record may do any of the following:
- Lengthen the term of imprisonment or jail time.
- Increase the amount of money to be paid as fines.
- Extend periods of probation.
- Require participation in treatment or rehabilitation programs.
Under Florida’s habitual offender laws, repeat offenders may spend a significantly longer period behind bars.
Effects on Plea Bargaining
The ownership of a prior criminal record may affect the benefits of plea bargaining. Generally, such cases make the prosecutor less likely to cook an easy deal for himself if he finds out that the person already has a history of criminal convictions. However, a good defense attorney can persuade the prosecutor to negotiate in favor of alternatives, including probation, a lower charge, or diversion programs under the existing circumstances.
Importance of Legal Representation
If you have prior convictions and are charged, working with an experienced criminal defense attorney is very important. Your attorney will:
- Object to the introduction of certain prior convictions into evidence.
- Put forward arguments based on mitigating factors that could lessen the sentence.
- Search through alternatives that endorse the rehabilitation of an offender rather than incarceration.
This post was written by a professional at Perl Law, PLLC. Welcome to Perl Law, PLLC. I’m Brigette Perl, DUI lawyer Port Richey FL. I bring nearly 10 years of experience in criminal defense and personal injury law. At my firm, I prioritize open, honest communication so clients feel informed and confident every step of the way. Before founding Perl Law, I sharpened my skills at a top Tampa Bay defense firm and as a prosecutor in the Sixth Judicial Circuit in Pinellas County. This dual perspective allows me to build aggressive, strategic defenses tailored to each client’s needs. If you’re facing legal challenges, I’m here to guide you with skill, care, and a commitment to achieving the best possible outcome.
