When an Offender Does the Same Crime Again Is Called
What Is a Habitual Offender?
What is a Habitual Offender?
A habitual criminal offender , as well known as a repeat offender, refers to a person who has been previously convicted of one or more crimes in the past and is currently facing new charges. Although many habitual offenders tend to commit the aforementioned type of criminal offense over and over once again, a person does non necessarily have to commit the same crime in order to be chosen a repeat or habitual offender.
Some common examples of crimes that habitual offenders oftentimes commit include:
- Drug crimes (e.g., possession and intent to distribute);
- Break-in;
- Robbery;
- Instances of petty theft (e.yard., shoplifting);
- Assault or aggravated assault;
- Trespassing;
- Driving nether the influence ("DUI"); and
- Conducting business or selling merchandise without a proper license (e.g., street vendors).
What is a Habitual Offender Statute?
To combat the issue and to deter individuals from condign habitual offenders, many states have enacted some version of a habitual offender law. This is done with the hope that it would help curb the rate of repeated criminal activity.
Depending on the country, a habitual offender law may increase the severity of punishment that a repeat offender receives. It may also intensify the number of requirements that a convicted offender must satisfy to consummate their probation or parole period or change the type of criminal offense that they are charged with (e.g., misdemeanor vs. felony).
Again, even though it is non necessary, a habitual offender law may also focus on a specific type of crime. For instance, if an individual commits and is convicted of enough prior incidents of misdemeanor petty theft, then the state statute may provide that their next instance of misdemeanor petty theft will constitute a felony offense. Thus, they may be issued a prison sentence of up to one twelvemonth or greater if they are ever convicted of that crime again.
What Penalties Do Habitual Offenders Face?
The penalties issued during habitual offender sentencing hearings will largely depend on the type of offense committed and the laws of the jurisdiction prosecuting the case. In most cases, however, a habitual offender who has committed the same kind of offense should expect to receive a lengthier prison sentence or supervised probation.
On the other mitt, if the crime is tearing in nature or is related to a drug trafficking conviction, then a defendant tin face a prison sentence of at to the lowest degree 25 years to life.
Some common penalties that a habitual offender may face for a conviction may include:
- Higher criminal fines;
- Longer jail or prison sentences;
- Supervised (as opposed to unsupervised) probation;
- Revocation or suspension of a driver or professional person license;
- Intense rehabilitation for substance abuse problems; and/or
- The loss of certain civil liberties, such every bit the right to vote in an election, to ain or possess a firearm, to serve on a jury, or retain custody of their children.
In contrast, defendants who commit the aforementioned criminal offence, but are first-time offenders, volition typically receive a lighter sentence. Though this volition usually depend on the type of crime that was committed.
For case, a start-fourth dimension offender who is convicted of petty theft charges may only receive a fine of $1,000, whereas a habitual offender who has been bedevilled of committing petty theft several times might receive a fine of $5,000 and possibly, a prison sentence of ane yr or longer.
What Other Factors Impact the Kind of Penalty Faced by Habitual Offenders?
Aside from habitual offender laws and a judge'due south discretion, there are another factors that tin can impact the kind of penalisation that a habitual offender receives. Some other factors that a courtroom may consider when determining what blazon of penalty to issue a newly convicted habitual offender include:
- Whether the case involves the same criminal charges as their concluding conviction;
- The length of time between the new law-breaking and their last conviction;
- Whether a habitual offender was already on probation for some other criminal offense when the new offense occurred;
- Whether the crime in question qualifies as a felony, is vehement in nature, or ofttimes involves trigger-happy circumstances (e.1000., drug trafficking );
- Whether a habitual offender has a substance abuse problem or suffers from a mental health disorder; and/or
- Whether a habitual offender continues to perpetuate crimes against the same victim or place of business (e.chiliad., robbing the same jewelry store more than once).
What is the "Three Strikes Law"?
Many states take enacted a version of what is known as a " Three Strikes Law ". Similar to the guidelines for crimes with mandatory sentencings, a Iii Strikes Law is a constabulary that requires a court to impose a harsher sentence on a accused who has been convicted of a felony or other serious law-breaking on iii split occasions or upon their third conviction.
The purpose of having a 3 Strikes Constabulary is to ensure that repeat offenders receive a long enough, all the same advisable, criminal judgement that will prevent them from being released from jail several times simply to return to order to echo the same crimes again in the hereafter. Legislatures also maintain that the goal behind these laws is to decrease the rate of crime by keeping habitual offenders in prison for longer periods of time.
Unfortunately, these laws are sometimes abused and may be used to punish habitual offenders who would better do good from programs, such as rehabilitative services or therapists, as opposed to prison.
For example, the law would be practical to a case in which a defendant who had a substance corruption problem was convicted numerous times for drug possession. Instead of assisting them in getting the help that they need through counseling or a rehabilitation plan, the state would send them to prison merely to be released and accept them violate their parole or probation, or they would get caught and convicted again of the aforementioned crime in the hereafter.
Every bit such, it is no surprise that this hotly debated topic has been revised by both federal and land legislatures. For instance, since the passing of the First Step Act, many states have revised their Three Strikes statutes to use to merely violent felony offenses and certain serious crimes. Some states, like Maryland, have fifty-fifty amended their laws to extend the number of strikes from iii strikes to 4 strikes for habitual offenders.
Are there Mandatory Sentencing Guidelines for Habitual Offenders?
Mandatory sentencing guidelines, likewise known as mandatory minimum sentencing laws, refer to pre-established punishments that must exist issued to a convicted accused for committing a certain crime.
For instance, in California, a defendant who is charged and convicted of a felony criminal offense after having been previously convicted of at to the lowest degree 2 serious or tearing felony crimes in the past, must receive a minimum prison sentence of 25 years; though information technology could exist longer.
In many cases, such punishments for habitual offenders may be set by a state statute. In other cases, whether an extensive sentence is issued will be determined by a judge. Nevertheless, in that location are some crimes that will automatically consequence in a mandatory sentence for a repeat or habitual offender, such every bit trigger-happy felony crimes.
Do I Need a Lawyer if I Am Facing Habitual Offender Charges?
While habitual offender charges tin can vary widely by country, most laws concerning habitual offenders crave harsher punishments. Therefore, if you are facing new criminal charges as a habitual offender, then it is strongly recommended that you hire a local criminal lawyer as soon as possible.
An experienced criminal police chaser can advise you of your legal rights, can explain how the habitual offender laws in your state may bear on the event of your case, and can perform legal research to find out whether there are any defenses you tin raise to reduce or eliminate the charges. Additionally, your lawyer can provide representation in courtroom and tin ensure that you comply with all necessary legal requirements.
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