If you are facing sentencing for a crime in New Jersey, you may know that your prior criminal history is one of several factors a court uses when determining a sentence. Your criminal history could have a major impact on the sentence you receive, depending on the circumstances.
Generally, if you have no prior criminal history, you have a better chance of receiving a lighter sentence, such as a fine or probation rather than jail time. When your conviction comes with mandatory jail time, having no criminal history could mean you receive the minimum amount of time.
Factors a court considers
When you have a criminal history, the situation becomes more complicated. A court considers more than whether you have a criminal history. Your number of prior convictions are usually considered.
Typically, the higher number of prior convictions you have, the higher your sentence will be. One prior conviction looks better on paper than a dozen.
The time that has elapsed between convictions can also make a difference. You may have several prior convictions but if they were committed several years ago and your record has been clean in recent years, you could argue that they are too far in the past to be relevant today.
Evidence that you have tried to turn your life around since your prior convictions can give your argument more merit. Holding down a job, purchasing a home or staying clean and sober can demonstrate your commitment to building a better life.
Nature and severity of prior offenses
A court also examines the types of crimes previously committed. Crimes involving violence or risk to others, such as repeat DUI convictions, could lead to a higher sentence.
Although a judge has discretion in sentencing, sometimes they are bound by mandatory minimum sentences. Your criminal history can be a factor in this situation, as well.
If you are facing criminal charges and worried about a harsh sentence because of a prior criminal history, getting advice on your specific situation can help you learn what to expect and minimize the potential damage.