Three Ways Prior Convictions Impact Your Current Criminal Case in Florida: Insights From a Criminal Defense Lawyer
Prior convictions can impact your current criminal case in multiple direct ways. From influencing jury decisions to enhancing your sentencing, your record will likely come into play in court. Because of this, you must work with an experienced criminal defense lawyer in Florida to combat negative influences on your current case.
Ruling Impacts
Prior convictions can impact whether you’re found guilty or not guilty.
While there are times when prosecutors and judges cannot mention prior convictions in court, several exceptions exist.
If your prior convictions are pertinent to the case or necessary for determining your sentencing, your record may be discussed. If you choose to testify on your own behalf, prosecutors can leverage prior convictions to question your credibility. In any of these situations, prior convictions may sway the judge’s or the jury’s decision.
Jury Biases
Some argue jurors should not be aware of prior convictions, as this knowledge can create biases. Unfortunately, Florida law does not offer protections against this.
Let’s take a look at Murphy v. Florida. In this case, Jack Roland Murphy argued that prior media coverage of his previous crimes biased jury members against him. The U.S. Court of Appeals for the Fifth Circuit ultimately upheld the robbery conviction, stating that jury members underwent strict bias screening and therefore the petitioner’s right to a fair trial was not violated.
Biases can quickly lead to guilty rulings as jurors may assume that a one-time criminal is a criminal for life. You must partner with a skilled criminal defense lawyer to protect your rights if you have prior convictions.
Enhanced Sentences
Your record may increase your chances of being found guilty and could lead to harsher sentences. Florida defines four types of repeat offenders to clarify sentencing guidelines.
If you’re defined as a habitual felony offender or violent felony offender, the judge may increase your prison sentence. Three-time violent felony offenders and violent career criminals may face mandatory minimum sentences.
For a judge to apply any of these enhanced penalties, the prosecutor must prove that you’re a repeat offender. To do so, they will need to provide evidence showing you committed your current allegation while incarcerated, within five years of being released, or within five years of completing your probation, parole, or other conditional terms.
Because of these requirements, your criminal defense lawyer can potentially minimize your sentence by hiring witnesses or locating evidence to prove the long timeline between your convictions.
Speak With a Criminal Defense Lawyer Today
Prior convictions will likely have a significant impact on your current criminal case, so you must seek representation as soon as possible to protect your rights. Your attorney can help you pursue a more desirable outcome by employing various defense strategies. Call Michael White, P.A., today at (954) 707-0850 to request a free consultation with a highly experienced criminal defense lawyer in Florida.
FAQs
Do All Previous Convictions Affect Criminal Cases?
No, Florida prosecutors typically only look at felony convictions and violent crimes, not misdemeanors. Violent crimes and non-violent felonies directly impact how the judge will increase your sentencing, so one charge of fraud would have a lower impact than one or multiple charges of assault.
What Are Violent Crimes in Florida?
Violent crimes include things like arson, robbery, kidnapping, sexual battery, manslaughter, murder, etc. You can find the full list of violent crimes under the 2024 Florida Statutes.
Does the Timing of Your Previous Convictions Affect the Outcome of Your Current Criminal Case?
Yes, any criminal defense lawyer will tell you that your previous convictions must be within the last five years to affect your sentencing. If you were convicted of a felony decades ago or when you were a minor, the conviction may not affect your ruling, either. Contact us today for a free consultation.
