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At Moffitt Law, LLC, many of our clients have a criminal record, either in Georgia or from another state where they lived previously. A common question is how previous convictions affect sentencing.
The reality is that previous convictions can make a big difference in the penalties you face, including time in prison. Reach out to talk with an experienced Columbus, Georgia criminal defense lawyer. We can review any previous convictions and see what penalties you are facing.
What is the Recidivist Provision in Georgia?
A recidivist is someone who commits a crime again. O.C.G.A. § 17-10-7(a) is the relevant recidivist provision. It states that if you have one prior felony and are convicted of a second felony, then the judge must impose the maximum term of imprisonment.
Each law should lay out a minimum and maximum sentence. For example, aggravated assault usually has a 20-year maximum sentence. If you have a prior felony conviction, then you get the maximum if convicted of aggravated assault.
What happens if you were convicted outside of Georgia? The key is whether the prior conviction, if charged in Georgia, would be a felony. Each state sets its own criminal laws, so it can be confusing. Let’s review.
The judge does have some discretion, however, to suspend or probate the maximum sentence. That means you might not be behind bars for the maximum amount of time. Instead, you might end up supervised in the community.
Still, the recidivist provision can result in enhanced penalties. You should hire a lawyer who understands how previous convictions will impact your case.
Georgia’s Three Strikes Rule
The three-strikes rule applies to someone who has three prior convictions for a felony.
Upon your fourth conviction, you will need to serve the maximum sentence behind bars. That means the judge cannot reduce the sentence, and a convict is not eligible for parole until they have served the maximum sentence.
Convicted felons are also not eligible for early release. Essentially, this means you will end up serving every day in prison if you are convicted of your fourth felony.
Other Situations Where Prior Convictions Matter
Some criminal laws spell out enhanced punishments if you have prior convictions, even for misdemeanors. Consider the Georgia DUI laws.
A first-time DUI is typically a misdemeanor charge, and defendants end up spending one day behind bars, up to a year maximum.
If you have a second DUI, however, you face enhanced penalties. You can spend 90 days to one year in jail, with 72 hours mandatory, as well as increased fines.
If you have a third DUI within a 10-year period, then you can actually face a mandatory 15 days in jail, up to a year behind bars. License suspension and fines also increase.
Our criminal defense lawyer always wants to know about prior convictions. Don’t hide this information. We can’t fully assess the penalties you are facing if you aren’t upfront with your lawyer about your criminal history.
Can Prior Convictions Be Used in Court?
Yes. The state will need evidence to show you were convicted. They usually request documents from the court where you were previously convicted and introduce them against you.
One misconception is that out-of-state convictions don’t count. They absolutely do. For example, a Florida DUI will count in Georgia court as a prior DUI.
The same is true of felony convictions for the recidivist provision and the three strikes law. If the out-of-state crime would be charged as a felony in Georgia, then it’s a prior felony. You will likely end up with enhanced penalties, as well as mandatory time behind bars.
Our Columbus, Georgia Criminal Lawyer Can Help
Our firm provides vigorous criminal defense strategies for men and women facing charges in Columbus, Georgia. We know that getting arrested is a scary experience. You probably have many questions about whether you’ll end up in jail and, if so, for how long. Fortunately, there are many ways to avoid time in jail.
One is to seek an acquittal. The state might not have sufficient evidence to prove you guilty beyond a reasonable doubt. That’s a high standard to meet.
If the police violated your rights, then your defense is much stronger. We might convince a judge to toss some incriminating evidence out of court, such as witness statements or your own admissions.
The police could have failed to follow the constitution when arresting you or when searching for evidence.
Schedule a free consultation with our office. We can provide more individualized advice once we learn about the charges, your criminal history, and other factors.
