Article provided by LoConto, Burke & Madaio, P.C.
Visit us at www.lbmlawoffice.com

What are sentence enhancements?

Massachusetts state law gives judges the ability to increase a criminal defendant's sentence based on certain facts, including whether the defendant has any previous criminal convictions. This is called a "sentence enhancement" or "add-on" charge. If a defendant is subject to a sentence enhancement, he or she may face significantly greater penalties for a crime that only may have carried a relatively minor sentence otherwise.

The sentence enhancements provide mandatory minimum and maximum ranges of penalties that are above and beyond those imposed for the current crime the defendant has been charged with.

There are two ways that a sentence may be enhanced:

• The state law the defendant is charged with violating provides for enhanced penalties for repeat offenses
• The judge relies on the state sentencing guidelines to enhance the penalty based on subsequent offenses or other facts

Even if the Massachusetts' General Laws do not require an increased mandatory minimum sentence for a crime based on a previous conviction, a judge still has the discretion to use the previous conviction during sentencing to increase the jail term against the defendant.

The Massachusetts Sentencing Guidelines set out a range of penalties that may be imposed for crimes based on different factors, including the number and severity of previous criminal convictions. The judge, however, currently does not have to sentence a defendant within the range provided by the sentencing guidelines. The judge may choose to depart from them and impose his or her own sentence based on "mitigating or aggravating factors."

This may produce unjust results in which two defendants convicted of the same crimes receive two very different sentences. One judge may decide to impose only the mandatory minimum sentence while the other may decide the defendant deserves the maximum sentence permitted under the law.

Drug Crimes and Sentencing Enhancement

Most drug crimes in Massachusetts carry enhanced penalties for second or subsequent offenses. These enhanced penalties are included in the statutory language in the general laws. For example, a person convicted of a second offense for possession with intent to distribute a Class A controlled substance will be subject to a mandatory minimum of 5 years and a maximum of 15 years in prison for being a repeat offender. A first-time offender of the same law faces a maximum of 10 years in prison.

The previous drug crime conviction does not have to be for the same type of crime or involve the same class of drugs. The conviction could even have occurred in another state and still be counted as a previous conviction under Massachusetts law for sentencing purposes.

In addition to previous convictions, Massachusetts also has mandatory zone violation penalties for those who commit certain drug offenses within 1000 feet of a public or private school or 100 feet within a public park or playground.

Sentencing enhancements are not just imposed against defendants convicted of drug crimes. They also apply to those convicted of other crimes, including:

• Drunk driving crimes
• Theft and receipt of stolen property
• Crimes involving a firearm

Habitual Criminal Offenders

Like many states, Massachusetts has a habitual offender statute (G.L. c. 279, § 25). Under this law, those who have been convicted of two prior felonies that carried at least a three-year jail sentence each may be designated as habitual offenders after conviction for their third crime. Previous criminal convictions in other states and for federal crimes may be used to satisfy the two previous convictions requirement. Additionally, any previous conviction can count, no matter how long ago it occurred.

Once a person has been designated as a habitual offender, they will be sentenced to the maximum penalty available for their third criminal conviction. Depending on the crime, some defendants may be sentenced to life in prison based on their habitual offender status. However, in order to be labeled a habitual offender, there must be a separate trial after the third qualifying conviction to prove that the defendant meets the law's requirements.

Working with an Experienced Criminal Defense Attorney

Any criminal conviction has the potential to carry great penalties, including jail time and expensive fines. With the habitual offender law and possibility of sentencing enhancements, a relatively minor crime can suddenly become a very serious one. In order to defend against these charges, it is necessary to contact an experienced criminal defense attorney. The attorney can challenge the charges against you and may be able to have the penalties you face reduced. For more information, contact an experienced criminal defense attorney today.