The Impact of Prior Convictions on Your Current Case

When it comes to sentencing, Washington courts generally consider an individual’s criminal history. In Washington, prior convictions are often factored into sentencing guidelines, and they can influence both the severity and length of the sentence imposed. 

This system, known as the Washington Sentencing Reform Act, assigns an “offender score” to each individual. Prior felony convictions, misdemeanors, and even some juvenile offenses are calculated within this score, which is then used to help the judge determine sentencing options. 

For example, if someone with prior felony convictions is facing new felony charges, their previous record increases their offender score, often resulting in a longer sentence than someone without a record. 

In addition, for certain repeat offenses, like drug-related charges or domestic violence, prior convictions can trigger mandatory minimum sentences. These mandatory minimums mean the court must impose a specific sentence, which limits a judge’s ability to consider other mitigating factors. 

Understanding how your prior record impacts your current charges helps our Washington criminal defense lawyer determine an approach to mitigate these effects.

The Effects of Prior Convictions on Plea Bargaining

Prior convictions can have a significant impact on plea bargaining, often influencing the prosecutor’s approach and the potential options available to a defendant. Below are some key ways prior convictions affect plea negotiations and how strategic defense can mitigate these impacts:

• Reduced leniency from prosecutors: Prosecutors may be less inclined to offer lenient plea deals to individuals with prior convictions, especially if the record shows multiple offenses. Prosecutors may feel more penalties are necessary to prevent repeat offenses if they believe past leniency didn’t result in reform.

• Increased likelihood of harsher penalties: A history of offenses can lead prosecutors to assume a higher likelihood of reoffending, pushing them to seek stricter penalties.

• Decreased sympathy from the court: Prior convictions might reduce the sympathy a judge or jury has for a defendant, which can influence the prosecutor’s stance on plea negotiations.

• Possibility for negotiation despite history: Despite prior convictions, plea bargaining is often still possible. Mitigating factors, like rehabilitation efforts or a long period since the last offense, can improve negotiating outcomes. With careful planning, prior convictions don’t always prevent a fair plea.

• Highlighting rehabilitation efforts: Emphasizing steps taken toward rehabilitation may help the defense advocate for a reduced sentence or a more favorable plea deal.

As we move forward, it’s also essential to consider how prior convictions affect your credibility in the courtroom.

Prior Convictions and Their Effect on Credibility

In Washington courts, prior convictions can impact a defendant’s credibility if they testify. When you take the stand, the prosecution may introduce prior convictions to challenge your character and credibility, especially if the convictions are recent or involve dishonesty. 

For instance, crimes involving fraud, theft, or perjury are often viewed as indicators of credibility, and prosecutors may attempt to use this to cast doubt on your testimony. The courts, however, set specific limits on this practice. 

Washington state law provides guidelines that protect defendants from the unfair influence of certain types of prior convictions, particularly if those convictions are unrelated to the current charges or too old to be relevant. 

Nonetheless, if you have recent convictions related to your current case, we need to weigh the benefits of your testimony against the potential credibility issues. In these cases, we’ll help you assess whether taking the stand is in your interest or if it’s better to focus on presenting other evidence. 

Understanding the balance between a strong testimony and the potential pitfalls of prior convictions is a crucial part of building your defense.

The Impact on Repeat Offender Sentencing Enhancements

Certain types of repeat offenses come with specific enhancements in Washington. For instance, those convicted of violent crimes, sexual offenses, or certain drug-related crimes may face harsher penalties under Washington’s “Three Strikes Law.” 

This law mandates life sentences for those convicted of three or more serious violent offenses, leaving little room for reduced sentences or alternative sentencing options. DUI offenses in Washington carry enhanced penalties for repeat offenders, resulting in longer license suspensions, mandatory treatment programs, and increased fines. 

While these enhancements can feel overwhelming, it’s important to remember that they only apply under specific conditions. By examining your criminal history and evaluating the current charges, we strive to identify strategies that could reduce or even eliminate the applicability of such enhancements. 

To further understand how prior convictions influence a case, let’s explore the commonly asked questions individuals have on this topic.

Frequently Asked Questions

Understanding the specific ways that past convictions can affect current proceedings is essential in planning a strong defense. Below, we address some of the most frequently asked questions about prior convictions and how they may impact sentencing, plea deals, and courtroom strategy in Washington state:

• Can all prior convictions be used against me in court?
  Generally, not all prior convictions are relevant. Courts typically consider prior convictions that relate to the current case, especially those that show a pattern of similar behavior or involve dishonesty.

• Will my past convictions increase my current sentence?
  Yes, prior convictions are factored into Washington’s sentencing guidelines, which may lead to longer sentences based on an individual’s offender score.

• How far back can prior convictions be considered in court?
  While there’s no universal limit, certain older convictions may carry less weight, especially if they’re unrelated to the current charges. The specific length of time varies depending on the crime type and the circumstances.

• Can my prior convictions prevent me from getting a plea deal?
  Prior convictions can make plea deals more challenging, as prosecutors may be less inclined to offer leniency. However, a criminal defense attorney can often negotiate mitigating circumstances to achieve a more favorable outcome.

• Are juvenile convictions included in sentencing considerations?
  In Washington, some juvenile convictions may be included in sentencing considerations, particularly if they’re serious or directly relevant to the current charges. Juvenile offenses can still impact sentencing in certain cases.

As we finish this article, let’s take a moment to address how Washington’s court guidelines may affect a person’s stress levels if they have priors.

Seek Experienced Defense Counsel

It’s natural to feel concerned about the judicial process when facing new charges with priors. Our criminal defense offices strive to offer guidance tailored to each client’s situation, focusing on minimizing the impact of past convictions on current charges. With locations in Vancouver and Longview, Washington, we serve clients in the surrounding areas. 

If you’re facing a criminal case with prior convictions, contact us at Dan Mellen, Attorney at Law today.