Understanding Delaware’s Habitual Offender Law and Enhanced Sentencing

Being accused of committing a crime is always stressful, but when there is already a history of convictions, it can be even more difficult. For example, in Delaware, the prosecution can apply for the enhancement of your sentence due to the “habitual offender” statute in our state. It is vital to understand how the process works since it directly impacts those accused of serious crimes.

What is a habitual offender?

Habitual offender status is usually accorded to people who have a history of multiple previous felony convictions. Under Delaware law, a prosecutor may ask the court to impose harsher sentences on an offender whose criminal record meets certain criteria. Habitual offender statutes aim to make sentencing more severe for those who have shown a pattern of criminal offenses.

Notably, a prior conviction does not necessarily make one a habitual offender. There are various factors considered when deciding whether one qualifies for enhanced sentencing.

How enhanced sentencing works

Prosecutors who think that the accused fits into the habitual offender category will petition for enhanced sentencing. When the court is satisfied that the legal elements are met, the offender faces significantly longer imprisonment compared to those who are not labeled habitual offenders.

In some cases, habitual offenders will face mandatory minimum sentences. With these sentences, judges do not have much choice but to impose harsher penalties even when extenuating circumstances exist. The implications are quite significant for the defense since it alters how they approach the case.

Why prior convictions matter

Most folks are amazed to find out how a felony conviction from their past can impact their present criminal charges. A previous felony conviction can turn out to be a determining factor in terms of the sentencing process, especially in cases where the prosecuting party attempts to prove that the defendant is a habitual offender.

It will fall on the shoulders of the prosecuting party to demonstrate the existence of such prior convictions using court documents and other relevant evidence.

Defending against habitual offender allegations

Even though prosecutors may seek to impose a harsher sentence, there could still be room for legal maneuvers based on the circumstances of the case.

For instance, one may want to challenge the prosecutor that the prior offense is included within the definition of the statute. The defense can raise the issue of whether any prior convictions were genuine and what crimes were committed. It would also be wise to explore the option of reaching an amicable agreement outside the court system.

The importance of legal representation 

Do not believe that your case is over just because you have previous convictions. The knowledgeable and skilled assistance of a Wilmington, DE, criminal attorney will be able to examine your history and present any defense suitable for your case.

Talk to a Wilmington, DE, Criminal Defense Lawyer Today

Michael W. Modica represents the interests of those who have been charged with serious crimes in Wilmington, DE. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.