There are always going to be a few different factors taken into consideration when someone is sentenced for a crime, but one thing that’s almost certain to have an effect is the criminal history of the defendant. If you have past convictions and you are being charged with another crime, it’s important to defend yourself so that you do not face the harshest punishments that a judge can hand down. A Des Moines criminal defense lawyer from our firm can help you with this.
Will My Sentence Be Longer Due to Past Convictions?
When you get convicted of a crime, the judge has some latitude when sentencing you and deciding on how you ultimately get punished. Your criminal history and past convictions are likely to be considered. Someone with a history of committing crimes is more likely to be treated harshly when a sentence is handed down.
A good example of this is domestic abuse. In some cases, a first-time offense can be considered a simple misdemeanor. A conviction can result in a 30-day prison sentence and a fine ranging from $65 to $625. However, a second offense automatically becomes a serious misdemeanor, even if the two incidents are similar in severity. A third charge, even one that would have been classified as a simple misdemeanor normally, would now be a class D felony punishable by fines of up to $10,000 and a five-year prison sentence.
It’s easy to see how your past convictions can ramp up the charges against you and make the punishments more severe.
Can I Expunge Past Convictions?
There are some crimes that can be expunged from your record in Iowa. However, this would only apply to most misdemeanors. If you have past convictions for felonies or certain misdemeanors that are not eligible for expungement, like stalking or elder abuse, then the expungement process is not going to help you here.
What If It’s Been a Long Time Since My Last Conviction?
One thing that can work in your favor is if it has been a long time since you have been convicted of any crimes. If you have multiple past convictions going back just a few years, then it’s easier to argue that you have a pattern of criminality. If your last crime occurred over a decade ago, it’s less likely to have an impact on sentencing.
How Can a Lawyer Help?
Your lawyer can help you defend yourself so that you do not get convicted of a crime in the first place. The best way to protect yourself is by keeping your record clean in the first place. If you do have past convictions, your lawyer can help you defend yourself from these current charges so that you do not face unnecessarily harsh punishments for a conviction due to your record. We can also help you negotiate for a plea deal with the prosecutor if needed, but just keep in mind that we have a worse negotiating position when you have past convictions.
Schedule Your Consultation
So if you are facing criminal charges, contact Herting Law, PLLC and sit down for a consultation with our team. We can help you figure out the best way to fight back against any of the charges leveled against you.
