How Do Prior Convictions Impact Your New Criminal Case?

When you are facing criminal charges many factors can significantly alter the outcome of your case and sentencing. Having prior convictions on your criminal record has been known to impact new criminal cases. When an individual is considered a habitual offender, the state of Michigan believes that they have not benefited from leniency and will likely issue more severe penalties. Reach out to Berger Law to discuss your situation with an experienced Upper Peninsula criminal defense lawyer and obtain skilled representation today.

Are Prior Convictions Admissible in Trial?

The good news for those facing criminal charges is that under Michigan state law, information regarding your criminal history is not generally admissible in court for the purpose of making you look bad. The prosecution cannot use evidence of prior crimes to prove bad character or morality.

However, there are times when your record can be used as evidence. Consider the following.

• 404(B): The prosecution can present evidence of prior convictions to prove motive, opportunity, intent, knowledge, etc. For example, your criminal history can be used to prove that you had the knowledge and skill required to commit the crime or that you previously left a signature or “calling card” at the scene of the crime.
• Witness: Your prior convictions can also be brought up if you take the stand to testify. Credibility is important for any witness, especially for the defendant. When you testify in your own defense, the prosecution may be able to use your criminal history to contradict your statements and shed doubt on your credibility.
• Impeachment: Some crimes are admissible regardless of the circumstances. The prosecution can introduce evidence of any criminal convictions involving lying or dishonesty and theft crimes that were punishable by more than one year in prison.

How Do Prior Convictions Impact Your New Criminal Case?

Michigan state enforces a repeat offender law. This means that someone with one or more felonies who is charged with a second or subsequent felony is considered a habitual offender. Habitual offenders in Michigan can face a 25% increase in the maximum sentence for a second felony conviction, a 50% increase in the maximum sentence for a third felony conviction, and double the maximum sentence for a fourth felony conviction.

Besides leading to increased penalties, having prior convictions will paint you in a bad light and may make the jury less sympathetic toward you, leading to a higher chance of being convicted. Once you are found guilty, a judge will consider many factors when determining the penalties to impose on you, one of the most important being your criminal history.

For more information on how your prior criminal convictions can be detrimental in a new case and defenses you can implement, reach out to a knowledgeable attorney today.