In North Carolina, the legal consequences of criminal behavior often extend beyond the immediate penalties imposed for a particular crime. One significant factor that can greatly complicate new criminal charges is a defendant’s prior conviction. If an individual has a criminal history, whether a misdemeanor or a felony, this record can have far-reaching implications in the legal system.
From harsher sentencing to limited legal options, the existence of a prior conviction can severely impact a person’s ability to defend themselves against new charges. Due to this, individuals with a criminal history may find it necessary to seek dedicated legal support to navigate these complexities.
Enhanced sentencing
In the Tar Heel State, previous convictions can lead to enhanced sentencing under the state’s Structured Sentencing system, which dictates the punishment for felony and misdemeanor convictions. This system classifies individuals into different sentencing ranges based on their criminal history, known as the Prior Record Level (PRL). The more convictions an individual has, the higher their PRL, which results in a longer, more severe sentence for new charges.
For example, a first-time offender may receive probation or a minimal sentence for a particular crime. At the same time, a person with prior convictions could face mandatory prison time for the same offense. This can be especially challenging for individuals facing repeat felony charges, as habitual offenders may be subject to even more stringent penalties under North Carolina’s Habitual Felon Law. This law mandates that individuals who have been convicted of three prior felonies can be sentenced as habitual felons, significantly increasing the potential sentence for any new felony charge.
Limited plea bargain opportunities
In many cases, defendants are offered plea deals to reduce the severity of charges or secure a lesser sentence. However, having a criminal record can limit the likelihood of favorable plea bargains. Prosecutors may be less inclined to offer leniency to someone with a history of criminal behavior, viewing them as having a higher risk of reoffending. Additionally, certain types of crimes, such as repeat offenses related to drugs or domestic violence, may have mandatory minimum sentences or restrictions on plea bargaining due to state law.
For individuals with a criminal history, facing new charges can feel overwhelming, with the odds stacked against them. Seeking legal support can help mitigate these challenges, offering a better chance of achieving a fair outcome.
