If you have been convicted of a crime before, and become a repeat offender, you will be subject to more harsh penalties and prison time that varies state to state. Of course, you cannot be convicted of the same crime twice because that would violate the Double Jeopardy Clause of the US Constitution. Repeat Criminal Charges refer to multiple instances of the same type of crime (like several thefts, DUIs, or multiple arson charges).
Increased Sentencing and Enhancements for Repeat Offenses
Each state has various sentencing enhances for repeat offenders, ranging from double prison time to requirement or “multiple offender” classroom programs. These programs are designed to diagnosis the problems that cause the behavior, and help treat it. When someone has been convicted of multiple felonies of the same type, most states require that the maximum sentence available be given instead of allowing a plea agreement to midterm or low end sentences (Say, a 6 year sentence for robbery instead of 2 or 4 years).
As well, certain types of violent or serious felonies (sexual assault, domestic violence and arson for example) require that the person convicted for these crimes register with their local police department. This registration process is used so if this type of crime is committed, there will be a database to search for commonality or possible repeat offenders.
Three Strikes Law
California’s Three Strikes law is the most widely known example of repeat offender law in America. Essentially, if someone is convicted of three violent felonies, they will face a life prison sentence on the third conviction. California’s application is controversial because it only requires the first two convictions be violent crimes and the third conviction can be any serious felony, whereby the majority of the other 22 states require all three felonies to be violent in nature.
How a Lawyer Can Help
If you have been convicted of a similar crime, or are a repeat offender, it is in your best interest to speak with an experienced criminal lawyer to understand your rights. Repeat offender laws, specifically three strike laws, can have devastating effects on your life if you plead guilty to certain crimes without knowing the future consequences that can result in longer prison sentences and possible life sentences if you receive three strikes. By having an experienced lawyer inform you of the criminal charges, you can ensure that you avoid being subjected to the Three Strikes law if at all possible.
