As San Diego’s premier criminal defense attorney, I’ve spent years in courtrooms defending clients against criminal charges. One of the most critical factors in determining the trajectory of a criminal case is the defendant’s criminal history. Prior convictions can significantly influence the outcome of new charges, particularly in San Diego, where the Three Strikes Law plays a pivotal role in sentencing.
If you’re facing criminal charges and have a prior record, it’s essential to understand how those convictions might impact your case and, more importantly, how a skilled defense attorney can mitigate their effects.
The Role of Prior Convictions in Criminal Cases
When facing new criminal charges, a defendant’s past convictions can shape how prosecutors build their case and the severity of the penalties sought. In San Diego, prior convictions can:
Influence Charging Decisions
Prosecutors may use prior convictions to argue for harsher charges or upgrade a misdemeanor to a felony. For example, a simple theft charge could escalate to a felony if you have a prior theft-related conviction.
Affect Sentencing
Judges often consider criminal history when determining sentences. A clean record might result in leniency, while a history of similar offenses could lead to harsher penalties, including longer prison terms or higher fines.
Invoke Sentence Enhancements
San Diego courts, following California state law, can impose sentence enhancements for repeat offenders. These enhancements can add years—or even decades—to a prison sentence, especially under the Three Strikes Law.
Understanding the Three Strikes Law in San Diego
The Three Strikes Law is one of the most impactful legal doctrines affecting repeat offenders in California. This law imposes increasingly severe penalties for individuals convicted of multiple serious or violent felonies. Here’s how it works:
- First Strike
- A conviction for a serious or violent felony counts as the first strike. Examples include robbery, assault with a deadly weapon, or certain sex crimes.
- Second Strike
- If you’re convicted of another serious or violent felony, the sentence for the new crime is automatically doubled.
- Third Strike
- A third strike conviction typically results in a mandatory sentence of 25 years to life in prison, regardless of the severity of the third offense.
This law is unforgiving, and its implications extend to cases where prior convictions are decades old.
Mitigating the Impact of Prior Convictions
As a criminal defense attorney with extensive courtroom experience, I know that your past doesn’t have to dictate your future. There are several strategies I use to minimize the impact of prior convictions:
Challenging the Validity of Prior Convictions
Not all prior convictions hold up under scrutiny. If there were procedural errors or violations of your rights in a previous case, I could argue to have those convictions excluded from consideration in your current case.
Negotiating with Prosecutors
Prosecutors often use prior convictions as leverage to push for harsher penalties. By presenting mitigating factors—such as evidence of rehabilitation or the nonviolent nature of past offenses—I work to negotiate reduced charges or sentencing.
Arguing for Alternative Sentencing
San Diego courts may be open to alternative sentencing options, especially if your current charges are less severe. Options like probation, diversion programs, or community service can help you avoid incarceration while addressing the court’s concerns.
Real-World Example: Beating the Odds
One of my most memorable cases involved a client facing a third strike for a relatively minor offense. The prior convictions were over 20 years old, and my client had since built a stable life. By meticulously reviewing the evidence and highlighting my client’s rehabilitation efforts, I convinced the court to reduce the charge to a misdemeanor. The result? My client avoided a life sentence and was able to continue their life without the devastating consequences of a third strike.
Why You Need a Skilled Defense Attorney
The stakes are incredibly high when prior convictions are involved. Prosecutors have a wealth of resources at their disposal, and they will use your criminal history to paint a narrative that suits their agenda. My job is to dismantle that narrative and build a defense strategy that gives you the best chance for a favorable outcome.
With years of experience in high-profile criminal cases across California, I understand the nuances of the law and the strategies that work in San Diego courtrooms. Whether it’s fighting to dismiss prior convictions, negotiating reduced charges, or taking your case to trial, I am here to advocate for you every step of the way.
Facing Charges? Let Me Help You.
If you’re dealing with criminal charges and prior convictions in San Diego, time is not on your side. The sooner you have an experienced defense attorney on your team, the better your chances of minimizing the impact on your life.
Call me, Marc Kohnen, at (619) 398-2500 for 24-hour assistance, or contact me online to schedule your consultation. Together, we can fight for your future.