Persistent Offenders Lawyer in St. Louis

Persistent Offenders Lawyer in St. Louis, MO

Repeat offenders are subject to harsher penalties under several Missouri criminal statutes. Moreover, Missouri’s version of a “three-strikes” law means that any prior felony conviction could be used to enhance your sentence, including decades-old offenses.

Combs Waterkotte has over 50 years of combined experience and has successfully defended 10,000+ cases just like yours in St. Louis and across Missouri. Our skilled defense attorneys are dedicated to helping those facing extended sentences as prior and persistent offenders. We can ensure that you’re treated fairly despite any prior convictions on your record.

Habitual Offender Laws in St. Louis

Habitual offender laws, also known as three-strikes laws, increase sentences based on an offender’s prior convictions.

Judges have always considered a defendant’s criminal history during sentencing. A shift occurred in the 1990s when legislatures took away some of a judge’s discretion when considering criminal history by mandating minimum sentences for repeat offenders.

For example, under the conventional sentencing structure, a judge might disregard prior offenses that were remote in time or type from the current offense. A judge might view a vehicle theft conviction from a joyride 30 years ago as irrelevant when sentencing someone to a domestic violence charge.

Habitual offender laws are often viewed as unfair because they disregard these distinctions. Such regulations might force the judge to sentence you as a habitual offender, even if they disagree with the characterization.

While these laws keep career criminals off the streets, these offenders would generally have received longer sentences anyway. Instead, the laws arguably make it impossible for many felons to ever lead a normal life due to lengthy prison stays for even minor offenses.

Missouri’s Prior and Persistent Offender Statutes

The Missouri Revised Statutes include several statutes that enhance sentences for repeat offenders. Some, such as the prior and persistent assault offender statute, apply to repeat offenses for the same crime. The state also has an overall statute that applies to prior and persistent offenders, even when the convictions are for different crimes.

Some prior and persistent offender statutes that may influence your case include the following:

Extended Sentences for Prior Criminal Conduct in St. Louis, MO

Missouri doesn’t use the term “three strikes.” Instead, it implements extended sentences for prior and persistent offenders. This statute approves sentencing enhancements based on a convicted defendant’s criminal history in three situations:

1. The statute approves enhanced sentencing for prior criminal conduct
2. A more specific statute permits enhanced sentencing for prior criminal conduct
3. The court finds that the defendant is a persistent or dangerous offender

An example of the first enhancement appears in the state’s stealing statute, which outlines the offense levels for various types of theft.

The law specifically increases vehicle theft from a Class D felony to a Class B felony if the defendant has two prior convictions for vehicle theft within 10 years of the current offense. Thus, the law provides a mini-three-strikes enhancement for repeated auto, boat, or aircraft thefts.

An example of the second enhancement applies to several crimes, including assault and DWI/DUI offenses.

Under the prior and persistent assault offender statute, defendants are persistent assault offenders if they have two or more assault convictions within 10 years of the current offense. This sentencing statute allows courts to increase the sentence for an assault conviction by two steps for persistent offenders.

The DWI/DUI sentencing enhancement creates four sentencing enhancements for the following:

1. Prior offenders with one prior DWI/DUI conviction
2. Persistent offenders with two prior DWI/DUI convictions
3. Aggravated offenders with three prior DWI/DUI convictions or one prior DWI/DUI plus a vehicular assault, manslaughter, or murder conviction from a DWI accident
4. Chronic offenders with four prior DWI/DUI convictions or two vehicular assault, manslaughter, or murder convictions from DWI accidents

The third enhancement is the general habitual offender law, which requires a finding that the defendant is a prior or persistent offender.

Prior and Persistent Offenders in St. Louis, MO

Missouri defines a prior offender as someone previously convicted of a felony. A persistent offender has two or more prior felony convictions or at least one dangerous felony conviction. A persistent misdemeanor offender has two or more prior misdemeanor convictions.

The state also allows sentencing enhancements for one additional class of offenders. The term “dangerous offender” is defined based on the current offense rather than prior offenses.

This type of offender has been convicted of a Class A, Class B, or dangerous felony and is being sentenced for an offense involving murder, endangering or threatening the life of another, or inflicting or attempting to inflict serious physical injury to a person.

Defenses Available Against Prior and Persistent Offender Sentencing in St. Louis

Your attorney can raise several defenses against sentencing as a prior or persistent offender. As a first matter, the law includes two important limitations on the characterization of prior and persistent offenders.

First, the prior offenses can’t have occurred with the current offense. In other words, you don’t become a persistent offender if you’re charged with three felonies for the current offense. Your attorney can assert that you don’t fit the statutory definition if prosecutors seek an enhanced sentence for convictions that arose from the same crime.

Furthermore, you must have committed and been convicted of the prior offenses before the commission of the current offense. Thus, you can only be classified as a persistent offender if your past cases ended with a conviction or guilty plea before the date of the current offense. If the prior charges were still pending, they don’t count toward the persistent offender status. An additional defense strategy for avoiding these sentencing enhancements is to beat the current charges.

Regardless of your criminal history, you can’t be sentenced until you’re convicted for the current offense. If you’re acquitted, have your charges dismissed, or reach a plea deal for a reduction of the charges to a misdemeanor, you might not be subject to the sentencing enhancement for persistent offenders.

The criminal defense strategies you raise to the charges you currently face will depend on the nature of the current charges and the evidence against you. For example, you might have an alibi that places you somewhere other than the crime scene, or you might have acted in self-defense.