24 August 2022
 Categories: Law, Blog

When you have been arrested and charged with a crime very similar to a previous incident, you may be charged using a repeat offender status. This situation calls for your attention because things won't be the same this time. Read on to find out what your main goal should be after such an arrest.

What is Repeat Offender Status?

Certain types of crimes are grouped together so that offenders are placed in a category. Many of the most common crimes committed are subject to repeat offender status. This type of elevation of seriousness is also known as habitual status in some areas. The idea of such a status is to identify those who seem to be committing the same types of crimes over and over. For example, more than one DUI (driving under the influence) charge is likely to garner the defendant's repeat offender status. Other repeat offender issues can apply to theft charges, assault, fraud, and more.

What Does Repeat Offender Status Mean to Those Charged?

If you have been charged as a repeat offender, it means you were previously convicted of the same crime or something very similar. It should be noted, however, that just being arrested is not the same as being convicted. To be convicted, you must have either agreed to a plea bargain where you pled guilty, or you were found guilty by a judge and/or a jury in a criminal trial. 

The charges and the sentencing can be enhanced when you are a repeat offender and found guilty. The thinking is to discourage those convicted of crimes from reoffending. In most cases, repeat offender laws in many states change things for the defendant by:

• Adding time to a jail or prison sentence.
• Adding time to probation.
• Costing more in fees and penalties.
• Raising the supervision standards such as wearing ankle monitors and supervised rather than unsupervised probation.

Repeat Offender Variables

As with most cases, what happens after an arrest is usually up to the prosecutor's office and the judge. However, these variables may be taken into consideration:

• The length of time between the offenses.
• Whether the offender was still on probation for the last offense.
• The exact nature of the crime. For instance, someone who repeatedly targets a certain person or place of business may gain a harsher sentence.

Take This Arrest Seriously

It's more important than ever to avoid being convicted of a similar crime. Speak to a criminal defense lawyer about pleading to a lesser crime or fighting the charges. 

To find out more, contact a representative like Giancola-Durkin, P.A.