How Prior Drug Convictions Can Increase Your Sentence

How Prior Drug Convictions Can Increase Your Sentence

Having prior drug convictions on your record can significantly impact the sentence you receive if convicted of a new drug offense. Laws like the Federal Sentencing Guidelines and state habitual offender statutes provide for tougher penalties for repeat offenders.

This article explains how your criminal history affects sentencing, with a focus on prior drug convictions. We’ll cover:

• Federal sentencing guidelines for drug crimes
• State habitual offender laws
• Other sentence enhancements
• Possible defenses

Federal Sentencing Guidelines

The Federal Sentencing Guidelines provide direction to judges on the appropriate sentence length based on the crime, criminal history, and other factors. Under these rules, your sentence goes up progressively more for each prior conviction.

For example, selling 50 grams of meth when you have no criminal record may result in around 5 years in prison. But with one prior drug felony, the range jumps to 10-12.5 years. With two priors, the range is 17.5-21 years.

There’s even a “career offender” category providing for a drastic enhancement for drug trafficking offenses if you have two or more prior felonies. This applies regardless of the type of prior conviction – it could be drug-related, theft, fraud, etc.

Other Federal Enhancements

Beyond the sentencing guidelines, federal law contains other enhancements targeting repeat drug offenders:

• 21 U.S.C. §841(b)(1)(A) doubles the mandatory minimum sentence from 10 to 20 years if someone has a prior drug felony conviction.
• Under 21 U.S.C. 851, the government can file a separate notice identifying prior convictions that trigger higher mandatory minimums. This doubles a 5-year minimum to 10 years, and a 10-year minimum to 20 years.

State Habitual Offender Laws

Most states have “habitual offender” statutes that provide for major sentence increases based on your criminal record. For example, under Indiana law, a Class B felony drug offense normally carries a 6-20 year sentence. But with one prior unrelated felony, the range increases to 10-30 years. With two priors, the range jumps to 20-50 years.

Other states, like Louisiana, enhance sentences if there’s a prior conviction for the same offense. A second offense for possession with intent to distribute marijuana jumps from a 5-30 year sentence to 10-60 years. A third offense brings 20-80 years.

Other State Laws

States have passed various other laws dealing more harshly with repeat drug offenders:

• Drug-Free Zones: Many states impose mandatory enhanced sentences for drug crimes committed near schools, colleges, public housing, parks, etc. Prior drug convictions can further increase penalties under these laws.
• Kingpin Laws: Some states have special statutes imposing very harsh sentences for leading large drug trafficking organizations. Penalties are typically higher if you have prior felony convictions.
• Drug Courts: Most drug court diversion programs require no prior felony convictions. A record excludes you from potential sentencing alternatives like deferred adjudication.

Possible Defenses

Fighting prior convictions at sentencing is difficult, but possible defenses include:

• Invalid Prior Conviction: Constitutional violations in an old case, like no lawyer appointed, could render it invalid for enhancement purposes.
• Not a “Conviction”: Diversion programs, deferred adjudications, and juvenile records often don’t count as convictions.
• Wrong Person: Mistakes do happen. If priors aren’t really you, challenge their use.
• Classification Issues: The state may classify old offenses incorrectly under current laws, affecting enhancement statutes.

Other procedural defenses focus on how the government gave notice about priors. Going to trial also provides more opportunities to contest priors.

Takeaways

Getting convicted of a drug offense is challenging enough. But with prior convictions, possible sentences quickly escalate to extreme lengths. Any drug record should be an urgent warning about the importance of avoiding further run-ins with the law down the road.

For those already facing enhanced penalties, an experienced criminal lawyer is essential to navigate sentencing issues and identify potential defenses relating to prior convictions.