Facing assault charges is a serious matter, both legally and socially, and the situation becomes more complicated if you have prior convictions, regardless of the crime. Those past convictions can influence various parts of your current case, so you need an experienced lawyer familiar with scenarios just like yours.
If you’re facing assault charges and have prior convictions – no matter the severity – it’s vital to work with an expert criminal defense attorney at Combs Waterkotte. Call (314) 900-HELP as soon as possible or contact us online for a free, confidential consultation where you can discuss the specifics of your case.
How Prior Convictions Impact Assault Charges
Understanding how prior convictions impact your current assault charges can help you and your attorney better prepare for your case and better understand what to expect. Here’s what prior convictions can lead to:
Increased Severity of Charges
Having prior convictions elevates the seriousness of your current assault charges. If you have been previously convicted of a violent crime, for example, a new assault charge could be classified as a felony rather than a misdemeanor, even if your current offense is less severe.
Also, if your prior conviction involved the use of a weapon or caused significant injury, your current charge could automatically be upgraded; for example, from a third-degree assault charge to a second degree charge.
Harsher Penalties if Convicted
Judges tend to impose more severe sentences on repeat offenders to deter future criminal behavior. In some cases, sentencing enhancements, also known as habitual offender laws, may apply. As an example, Missouri Revised Statute § 558.016 defines a persistent offender and a “dangerous offender.”
Potential penalties include:
- Longer incarceration periods: Prior convictions often result in longer jail or prison sentences, with limited opportunities for parole.
- Probation and parole restrictions: If you receive probation, the terms may be more stringent, or you could face a higher likelihood of being denied probation altogether.
- Higher fines: As a repeat offender, you would likely face steeper financial penalties.
Limited Legal Options for Defense
Having prior convictions can also limit the legal strategies available to your defense attorney. For example, if your defense hinges on arguing that the current assault charge is out of character, a prior conviction weakens that claim and damages your credibility. Prosecutors might highlight your criminal history to demonstrate a pattern of violent behavior, making it more difficult for your attorney to argue for leniency or reduced charges.
Additionally, plea bargaining becomes more difficult as prosecutors are likely to be far less willing to offer reduced charges or lighter sentences for repeat offenders, knowing that you have already gone through the legal system. However, the Combs Waterkotte skilled legal team can still work to mitigate the impact of your prior convictions by focusing on weaknesses in the prosecution’s case, questioning the credibility of witnesses, and exploring other viable defenses, like self-defense or lack of intent.
Give our knowledgeable assault defense lawyers a call now at (314) 900-HELP or reach out online. They’ve successfully handled over 10,000 cases just like yours.
Impact on Sentencing Guidelines
Judges in Missouri use sentencing guidelines to determine the appropriate punishment for assault or any other offense. These guidelines take prior convictions into account when calculating the recommended sentence. In federal cases, the U.S. Sentencing Guidelines also play a role in determining the impact of prior convictions. These guidelines assign points for previous convictions, which then influence the sentencing range for the current charge.
Collateral Consequences of Repeat Offenses
Beyond the courtroom, prior convictions can have a long-term impact on your personal and professional life. Multiple convictions can limit your ability to find employment, secure housing, or qualify for certain professional licenses. You may also struggle to maintain or restore your civil rights, like the right to vote or own a firearm.
How Prior Convictions Impact Assault Charges | How Combs Waterkotte Can Help
Although prior convictions complicate your current assault case, a skilled Combs Waterkotte defense attorney can still work to build a strong defense. We might be able to challenge the legality of your arrest, question the prosecution’s evidence, or negotiate a plea agreement that limits the impact of your criminal history. Depending on the specifics of your case, we may be able to have previous convictions expunged or sealed, reducing their impact.
Call Combs Waterkotte right away at (314) 900-HELP or contact us online for a free, no-obligation case review.
