How Past Convictions Influence Sentencing in New York Violent Crime Cases

When someone is charged with a violent crime in New York, the potential penalties can be severe. However, those penalties can become even harsher if the accused has a prior criminal record. Judges and prosecutors often look closely at a defendant’s past when determining sentencing outcomes, especially in violent felony cases.

At O’Brien & Eggleston, our Albany criminal defense attorneys understand how prior convictions influence sentencing. We work with individuals facing serious charges and help them understand what is at stake, what sentencing guidelines apply, and how to build the strongest possible defense.

If you or someone you care about has a criminal record and is now facing a violent felony charge, it is essential to have experienced legal representation to protect your rights and future.

New York’s Violent Felony Offense Framework

New York classifies certain crimes as violent felony offenses, which include charges such as assault, robbery, manslaughter, and certain types of burglary. These crimes typically carry mandatory minimum sentences and extended prison terms, particularly if the defendant has a prior felony conviction.

Under New York Penal Law, individuals convicted of a second or subsequent violent felony face enhanced penalties as a “second violent felony offender” or “persistent violent felony offender.” These designations significantly increase the minimum and maximum prison sentences a court can impose.

How Prior Convictions Impact Sentencing Guidelines

In violent felony cases, sentencing is based on the current charge and the defendant’s prior criminal history.

The key factors courts consider include:

• The type and severity of the prior offense.
• The time that has passed since the prior conviction.
• Whether the prior offense was classified as a violent felony.
• The number of past convictions on the defendant’s record.

For example, a person convicted of a first-degree assault may face a significantly longer prison sentence if they previously served time for armed robbery. In some cases, a defendant may be deemed a persistent violent felony offender, which can lead to a life sentence regardless of the specific charge at hand.

Defense Strategies When Prior Convictions Are Involved

While a prior record can make a case more complex, it does not mean the outcome is predetermined. At O’Brien & Eggleston, we evaluate every detail of our clients’ criminal histories to determine whether prior convictions qualify for enhanced sentencing under the law.

Our defense strategies may include:

• Challenging the classification of past offenses as violent felonies.
• Arguing that the time between offenses exceeds the legal threshold for enhancement.
• Negotiating with prosecutors for reduced charges or alternative sentencing.
• Presenting strong mitigating factors, such as rehabilitation or community support.
• Highlighting constitutional or procedural issues related to past convictions.

Our goal is to ensure that clients are not unfairly penalized based on prior mistakes and that the court hears the full context of their situation.

Speak With Our Experienced Albany Violent Crime Defense Lawyers

If you are facing violent crime charges in New York and have a criminal record, the consequences can be even more serious. At O’Brien & Eggleston, PLLC, we provide skilled and aggressive defense for individuals accused of violent felonies in Albany County and surrounding areas.

Contact us today for a confidential consultation to discuss your case and learn how we can help protect your rights and fight for your future.

Related Blogs: