How Prior Convictions Affect Your Current Case in New York

If you’re facing criminal charges in New York, one of the most important factors that can impact your case is whether you have prior convictions. A past criminal record can influence everything from bail decisions to sentencing and even whether the prosecution is willing to offer a plea deal.

At Vasiliou Law, based in Queens and serving all of New York, we understand how the legal system treats repeat offenders and how to build the strongest defense possible. If you or a loved one has prior convictions and is facing new charges, here’s what you need to know.

Can Prior Convictions Be Used Against You?

Yes, prior convictions can impact your current case, but how they are used depends on several factors, including the type of crime, how long ago the conviction occurred, and whether it’s relevant to your new charges.

• Felony vs. Misdemeanor – Prior felony convictions often carry more weight than misdemeanors when determining sentencing or bail.
• Similar vs. Unrelated Offenses – If your previous conviction is similar to your current charge (e.g., two drug-related offenses), the prosecution may argue that you have a pattern of criminal behavior.
• The “Lookback” Period – Some offenses, especially DWI, sex crimes, and violent felonies, have lookback periods where a prior conviction within a certain number of years enhances penalties for a new conviction.

Understanding these legal nuances is key to building a strong defense strategy.

How Prior Convictions Impact Your Current Case

1. Bail Decisions

When setting bail, judges look at whether the defendant has a history of missing court dates or reoffending. If you have past convictions, especially for failing to appear in court, the judge may set a higher bail amount or even deny bail altogether.

2. Plea Bargains

Prosecutors often consider a defendant’s criminal history when deciding whether to offer a plea deal. If you have prior convictions, they may be less likely to offer a lenient plea deal or may push for harsher penalties.

At Vasiliou Law, we know how to negotiate with prosecutors to reduce charges or minimize the impact of past convictions.

3. Sentencing Enhancements

New York has strict sentencing laws that impose harsher penalties on repeat offenders. Some examples include:

• Persistent Felony Offender Law – If you have two or more prior felony convictions, you could face life in prison, even if the new charge would typically carry a shorter sentence.
• Second Felony Offender Rule – If you’re convicted of a second felony within 10 years of a prior felony, you face a mandatory longer sentence.
• Three Strikes Law – While New York doesn’t have an official “three strikes” law like some states, multiple violent felony convictions can lead to life imprisonment without parole.

4. Testimony and Credibility

If your case goes to trial, the prosecution may try to use prior convictions to attack your credibility, especially if you take the stand. However, not all past convictions are admissible in court, and an experienced defense attorney can work to exclude prejudicial evidence.

Can Prior Convictions Be Sealed or Expunged?

While New York does not allow full expungement, certain convictions may be sealed under the Clean Slate Act or Criminal Procedure Law § 160.59.

• Misdemeanors can be sealed after 3 years (Clean Slate Act).
• Felonies can be sealed after 8 years (Clean Slate Act).
• Some older convictions may also be sealed after 10 years if you meet eligibility requirements.

If your prior convictions are eligible for sealing, it may prevent them from being used against you in court. Contact Vasiliou Law to explore your options.

How a Criminal Defense Attorney Can Help

Having prior convictions doesn’t mean you’re out of options. At Vasiliou Law, we:

• Challenge prior convictions that may be improperly used against you.
• Negotiate plea deals to avoid sentencing enhancements.
• Fight to exclude prejudicial evidence from being presented in court.
• Explore record sealing options to reduce the impact of past convictions.

If you’re facing criminal charges and have a prior record, you need an aggressive defense strategy.

Call Vasiliou Law Today for a Strong Defense

A prior conviction does not mean automatic guilt. At Vasiliou Law, we fight for clients across Queens, Brooklyn, Manhattan, The Bronx, Staten Island, and Nassau County, ensuring they get the best possible outcome.

Call 347-967-6141 or visit www.svlawpartners.com for a confidential consultation today. Let us help you protect your rights and your future.