Deciding whether to plead guilty to a crime through a plea deal is a major decision. When you plead guilty, a court considers many factors when determining your penalty.
One of these factors is your prior criminal history. Your prior convictions are admissible in court when deciding the penalty for a current crime.
It is not necessary that the prior convictions be for the same crime
Generally, having one or more previous convictions is considered an aggravating factor justifying a higher penalty.
Although the previous convictions do not need to be for the same or similar type of crime, you are at risk of a higher penalty if they are. For example, if you are currently charged with aggravated assault, a prior assault conviction is likely to be considered more seriously by a judge than a prior fraud conviction.
When the conviction involves a prison sentence, a prior conviction for a similar crime can affect the length of the sentence. If you plead guilty to a felony with sentencing guidelines of 3 to 10 years in prison, you may be sentenced to three years if it is your first conviction and there are no other aggravating factors.
However, if this is your second or third conviction for this same felony, you are considered a repeat offender and are at risk of receiving the higher end of the penalty, perhaps even the maximum of 10 years in prison.
How criminal history can impact parole
Your past criminal history can continue to affect your situation after your sentence is imposed. Your ability to obtain parole and the terms and conditions of your parole depend on factors including your overall criminal record.
If you are charged with a crime and have questions about how your prior criminal record could impact the outcome, it is important that these questions are answered before you plead guilty.