Can Prior Offenses Affect Current Penalties?
Multiple Offenses in Orange County
Unfortunately, past mistakes do not always stay in the past, especially
when it comes to criminal proceedings. In California, judges will always
consider multiple convictions in sentencing, unless a significant amount
of time has passed. At The Law Office of Barney B. Gibbs, we want to help
you fight convictions for multiple offenses to ensure that your prior
history does not impact your future.
Our Anaheim criminal lawyer, Mr. Gibbs, is a dedicated advocate for the
rights of the accused. In his 30 years of experience, he has seen defendants
be judged harsher because of past mistakes. He knows that your reputation
could be marred by a prior conviction, and wants to ensure that you are
given your fair chance at justice when so much is at stake.
Consequences of Multiple Convictions
Typically, individuals who have committed a second or subsequent felony
offense are considered repeat or habitual offenders. These individuals,
if convicted for a second felony, will face penalties that are twice the
amount of the first. If the third offense is a violent felony offense,
then the individual would be subject to California's
Three Strikes Law, which requires 25 years to life imprisonment for a third, violent felony offense.
Having prior offenses on your record can also impede your ability to secure an
expungement or a "sealing" of your criminal record. For example, you cannot
receive an expungement if you are still serving out your sentence for
a prior offense. Also, if you begin the process of expungement but are
then charged with another criminal offense, you will not be able to complete
the process. The affect of prior offenses on expungements is detailed
in § 1203.4 and § 1203.17 of the California Penal code.
Multiple Traffic Offenses
All traffic-related offenses contribute to a point system. Everyone with
a California driver license can incur points against their license for
things like speeding, failure to yield and reckless driving. Points from
prior traffic offenses can add up, and can ultimately result in a license
suspension or revocation. In terms of Driving Under the Influence (DUI),
multiple offenders include a unique supplementary treatment program, but ultimately adhere
to the Three Strikes Law, as well.
Fortunately for some, in California,
DUI convictions, as well as many other criminal offenses, go by the standard of a ten
year look-back period. This means that any conviction that you faced more
than ten years ago, will not count against you as part of the Three Strikes
Law. This is intended to ensure that individuals who have learned and
grown from prior mistakes are not penalized more harshly by one-off events
later in life. Ultimately, in facing a second or third criminal offense,
it is essential that you have a competent and experienced attorney at
your side to help reduce any criminal sentencing.
We've Seen 1,100 Cases Dismissed
When it comes to prior offenses, your best chance at ensuring that they
do not affect penalties for current charges is to fight the conviction
itself. At The Law Office of Barney B. Gibbs, we've handled more than 2,500
criminal defense cases and know what it takes to win. We have a familiarity with the local
court system that has enabled us to build insight into the judges and
prosecutors that you may face. Our experience is your advantage in the
courtroom, and we are ready to fight for you.
free consultation with our Anaheim criminal defense attorney;
call us today!