Facing criminal charges in Illinois can be a challenging experience, and prior convictions can complicate the situation further. We believe it’s important for you to understand how previous criminal history can influence current charges. Prior convictions can lead to enhanced penalties, affect bail decisions, and even change a misdemeanor into a felony. Knowing how Illinois law addresses repeat offenses can help you better prepare for what’s ahead.
In Illinois, the Unified Code of Corrections provides guidelines on how prior convictions impact sentencing. Under 730 ILCS 5/5-5-3.2, the court considers prior criminal activity as an aggravating factor. This means that if you have previous convictions, especially for similar offenses, the judge may impose a harsher sentence. For example, a second or subsequent offense for certain crimes can result in mandatory minimum sentences or elevated charges.
Specific statutes address repeat offenses for particular crimes. For instance, 720 ILCS 570/408 deals with controlled substance violations. If someone has prior convictions for drug offenses, penalties for new charges can be significantly increased. Similarly, 625 ILCS 5/6-303 outlines that driving on a revoked or suspended license becomes a more serious offense with each subsequent conviction. We recognize that these enhancements can greatly affect your life and future.
The Illinois Habitual Criminal Act
The Illinois Habitual Criminal Act under 720 ILCS 5/33B-1 mandates life imprisonment for individuals convicted of three Class X felonies. This illustrates how prior convictions can lead to much more severe consequences. Additionally, prior convictions can influence the court’s decision on probation eligibility. According to 730 ILCS 5/5-5-3, certain offenses and criminal histories may disqualify someone from receiving probation instead of prison time.
Understanding these laws is crucial because they directly impact the strategies we might employ in your defense. We work to examine the validity of prior convictions and explore options like expungement or sealing when possible. Our goal is to minimize the impact of past convictions on your current case and protect your rights throughout the legal process.
Illinois Criminal Defense FAQs
How Do Prior Convictions Enhance Penalties For Current Charges?
Prior convictions can lead to enhanced penalties by serving as aggravating factors during sentencing. Under 730 ILCS 5/5-5-3.2, the court may impose longer sentences, higher fines, or additional conditions if you have previous convictions. For example, a Class A misdemeanor could be elevated to a Class 4 felony if it’s a second or subsequent offense for the same crime. We can analyze your criminal history to determine how it might affect your current charges and work to mitigate potential enhancements.
Can Prior Convictions Be Challenged Or Excluded From Consideration?
In some cases, prior convictions can be challenged or deemed inadmissible. If a prior conviction was obtained unlawfully or violates your constitutional rights, we might file a motion to exclude it from consideration under Illinois Supreme Court Rule 402. Additionally, certain juvenile records or expunged convictions may not be used against you. We will thoroughly review your criminal history to identify any prior convictions that can be contested.
Is It Possible To Expunge Or Seal Prior Convictions To Reduce Their Impact?
Expunging or sealing prior convictions can limit their impact on future charges. Under 20 ILCS 2630/5.2, individuals may petition to have eligible arrests or convictions expunged or sealed. While not all offenses qualify, successfully expunging or sealing a record can prevent it from enhancing penalties in new cases. We can guide you through this process to improve your legal standing and reduce the influence of past convictions on your current situation.
Contact Our Chicago Criminal Defense Attorney For Your Free Consultation
At Edward Johnson & Associates P.C., our legal professionals understand the complexities that prior convictions add to current criminal charges. Our team is committed to protecting your rights and working tirelessly to achieve the best possible outcome. If you are facing criminal charges and are concerned about how prior convictions may affect your case, contact our Chicago criminal defense attorney at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. We represent clients throughout Illinois and we are here to offer the support and guidance you need during this difficult time.