Understanding Sentences for Habitual Offenders

If you are found to be a habitual offender, you could be subject to special sentencing enhancements that can result in more time behind bars and additional penalties. If you’re facing your “third strike,” it’s crucial that you hire an experienced Indianapolis defense attorney who will work tirelessly to defend you against the charge and your status as a habitual offender. Let our criminal trial specialists protect your rights and lodge an effective defense on your behalf.

What Is a Habitual Offender?

In Indiana, a habitual offender is someone who has been convicted of two or more felonies in the past and is now facing a new felony charge. If you are classified as a habitual offender, you are subject to harsher punishments, including additional jail time added to your sentence. Being classified as a habitual offender is not a new crime. Instead, it provides for enhancements to your sentencing.

How Is Someone Classified as a Habitual Offender in Indiana?

You are not automatically labeled a habitual offender. Instead, the state must accuse you of this and prove you have enough felonies under the law to be considered a habitual offender. This process occurs outside the current criminal case.

The state files charges alleging that you are a habitual offender. It lists the past crimes and provides the legal basis of why they should count toward the number of relevant past convictions for this classification.

You have the right to a hearing to understand this charge and your rights. You will be asked if you admit to having previous crimes on your record. If you deny this, the judge or jury decides if you meet the definition of a habitual offender. You generally cannot deny the validity of previous convictions unless the conviction violated your constitutional rights.

Which Crimes Count Toward Habitual Offender Status?

Indiana law states which crimes qualify to make someone a habitual offender. Different rules apply depending on the seriousness of your previous convictions. For the most serious crimes, including murder and Level 1-4 felonies, the state must show you have convictions of:

• At least two previous felonies unrelated to the new crime
• One of these convictions is more serious than a theft or drug offense

For Level 5 felonies, the state must prove the following to show you are a habitual offender:

• At least two previous felonies unrelated to the new crime
• One of these convictions is more serious than a theft or drug offense
• No more than ten years have passed since the time you were released from prison, probation, or parole for at least one of the two prior unrelated felonies and the time you are alleged to have committed the new crime

For other felonies, the state must prove:

• At least three previous felony convictions unrelated to the new crime
• One of these convictions is not for a minor crime
• No more than ten years have passed since the time you were released from prison, probation, or parole for at least one of the two prior unrelated felonies and the time you are alleged to have committed the new crime

There are also special rules about which crimes count toward these limits and the timing of sentencing.

Contact The Criminal Defense Team Today to Learn More

Habitual offender sentencing can be complicated, but the board-certified criminal trial specialists at The Criminal Defense Team Baldwin Perry & Wiley P.C. understand this complex area of the law and can explain how it may affect you. Contact us today at (317) 687-8326 to set up a free evaluation.