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A person becomes a habitual felon when they have been previously convicted on three different occasions, separated in time, of felonies.
There are other elements and criteria that must be met, but that is the essence of that status.
Some other status crimes that carry significantly harsher punishments are: violent habitual felon, armed habitual felon, habitual breaking and entering, habitual impaired driving, and habitual misdemeanor assault
While there are other means by which the state may enhance a sentence, the sentencing enhancements involved in status crimes are significantly harsher and restrict a judge’s discretion in how a sentence may be applied.
These status crimes have a very chilling effect on a person’s willingness sometimes to go to trial, but it shouldn’t. There are solutions that sometimes can be worked out if, in fact, the person is guilty and has achieved the status the state alleges.
The big thing that you need to remember, though, is that if the crime has a defense, the status means nothing. A trial attorney who has challenged law enforcement and the state can tell you whether your case is one that needs to go to trial.
That is what the attorneys at Remington Locker Law Firm, PLLC do. We try cases and we are uniquely qualified to tell you whether you’re likely to ever achieve the status the state alleges.
Call Remington Locker Law early, though, before you’re backed against a wall to make the decision to go to trial or plead.