Understanding Delaware’s Habitual Offender Laws and How They Affect Sentencing
In the State of Delaware, habitual violations can carry severe repercussions under our state’s rules. Individuals with prior felony convictions who commit more crimes will be faced with longer prison sentences. It is important for individuals charged with a felony to understand how the habitual offender law works in Delaware.
What is a habitual offender?
According to the laws of Delaware, an individual may qualify as a habitual offender if they have more than one felony charge and are later charged with another crime of a similar nature.
The main reason why habitual offender laws exist is to ensure that the individual is subjected to higher penalties. It should be noted that an individual does not automatically become a habitual offender. This happens after the prosecutor asks the judge to consider the individual as a habitual offender based on the laws set forth by the state.
How habitual offender status can affect sentencing
If you’re found to be a habitual criminal, there is the potential for severe sentencing penalties. These could include:
- Lengthier prison sentences
- Imposition of mandatory minimum jail terms
- Sentences beyond those prescribed by the standard statutes
- Eligibility for early release programs to be limited
If the crime was particularly violent or the felony was committed multiple times, the State of Delaware can mandate lengthy prison terms without being eligible for probation.
Certain crimes that should have received light sentences may lead to years or even decades in prison due to previous convictions.
Which prior convictions count?
Not all criminal convictions make someone a habitual offender. In most cases, the law emphasizes previous felony convictions, not misdemeanors. Previous offenses, as well as their types, can make a difference. Some of the considerations that determine if one meets the requirement of a habitual offender include:
- If previous offenses were felonies
- Previous convictions that involve violence
- Age of previous convictions
- Previous convictions in Delaware and other states
Previous convictions in other states can be considered if they bear substantial similarity to Delaware felony offenses.
Can habitual offender allegations be challenged?
Absolutely. There could be grounds for contesting whether the accused can be considered a habitual offender. The defense lawyer can claim that their client:
- Is not eligible under law due to a previous conviction
- Doesn’t meet the criteria based on records being faulty
- Hasn’t been prosecuted following the correct procedures
- Hasn’t committed an offense similar to one which is a felony in Delaware
In certain cases, the defense counsel may reach a deal with the prosecuting party not to charge the accused with being a habitual offender.
Early representation matters
Habitual offender allegations make a huge difference when you’re facing a crime. The accused can face the possibility of being sentenced under enhanced punishment guidelines and face lengthy prison sentences if they are found guilty.
If you face accusations for any felony in Delaware, do not treat the situation lightly, considering that there are enhanced punishment implications.
Talk to a Wilmington, DE, Criminal Defense Attorney Today
Michael W. Modica represents the interests of the accused in criminal prosecutions. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
