A defendant’s prior criminal history can have a profound influence on the sentence imposed by an Indiana court after a conviction, particularly if the defendant is designated a “habitual offender.” While the underlying crime does not change, habitual offender enhancement can dramatically increase the penalty upon conviction.
Under Indiana Code § 35-50-2-8, habitual offender status requires two prior unrelated felony convictions, meaning that the prior crimes were committed at different times. Additionally, at least one of the felonies must be a relatively significant offense, such as battery resulting in injury or rape. If the prior felony offenses are both Level 6 or Class D felonies, then their prior offenses may not justify designation of the defendant as a habitual offender.
If the recent conviction was for a Level 5 felony, the state can designate the defendant as a habitual offender when they have two prior unrelated felonies, one of which is more serious than a Level 6 or Class D felony, provided that no more than 10 years have passed since the defendant served their sentence for the previous offense.
If the defendant has at least three prior felonies on their record and has a new conviction within 10 years of finishing the sentence for their most recent offense, that may also justify habitual offender sentencing enhancement. The state also has a special habitual offender designation for drunk driving cases. A habitual vehicular substance offender (HVSO) could face an additional one to eight years added to their sentence.
In general, habitual offender enhancement can add between six and 20 years to a defendant’s sentence. Prosecutors generally must file a habitual offender allegation when the defendant is charged, and it is usually done when the prosecutor believes that a defendant poses an ongoing danger to the public. It is also frequently used as leverage in plea negotiations, precisely because the enhancement can be so significant.
In scenarios where criminal defendants are at risk of an enhanced sentence due to prior convictions, they need accurate legal insight and aggressive advocacy to avoid the worst potential outcomes during criminal proceedings. An Indiana criminal defense attorney can help a defendant fight habitual offender sentencing enhancement by reviewing when offenses occurred, what charges the state brought and other details about the situation. If the state cannot prove beyond a reasonable doubt that the situation fulfills all statutory requirements, the defendant could avoid enhanced sentencing.
The Law Offices of Ryan E. Lackey in Fort Wayne represents individuals facing criminal charges in Allen County and surrounding areas of Indiana. Schedule a free initial consultation by calling 260-222-7364 or contacting us online.
