Understanding Your Habitual Offender Status

Cropped shot of a police squad car outside at night. Visual concept for a criminal defense blog discussing habitual offender and repeat offender status.

The repeat offender law in Michigan imposes harsher sentences on people with prior felony convictions who are convicted of another crime. These sentence enhancements generally include longer prison time and additional, more severe penalties. If you are facing criminal charges and have a prior criminal record, you face being labeled a “habitual offender” and could face more stringent penalties.

Elmen Legal represents people with criminal records who are changed with subsequent crimes. Michigan criminal defense attorney Robert Elmen can evaluate your situation and mount a vigorous defense to help you avoid a conviction for another crime while working to reduce the impact of any prior convictions.

Contact Elmen Legal today to schedule a free and confidential appointment to discuss your criminal charges and how Elmen Legal can help.

What Is a “Habitual Offender” in Michigan?

Michigan’s habitual offender law punishes people more harshly when they repeatedly break the law. The repeat offender law is intended to discourage people who have committed a crime from committing additional crimes by punishing them more harshly than someone who committed a first offense. People who were previously convicted of a felony and commit another felony face enhanced sentencing.

Michigan’s Repeat Offender Provisions

The habitual offender designation is not a separate criminal offense. However, being labeled a repeat offender can substantially affect your criminal case and the penalties you could face.

  • Felonies Punishable by Less Than Life in Prison. For a defendant with a prior criminal conviction who is charged with a felony that carries a sentence of less than life in prison, the court can place the defendant on probation or sentence them to a prison term that is not more than 1 ½ times the longest prison sentence normally imposed on a first-offender who committed the same offense.
  • Felonies Punishable By Life in Prison. If a defendant has a prior felony conviction and is charged with a subsequent felony that is punishable by life in prison, the court can place the defendant on probation or impose a prison sentence of life in prison or a lesser term, depending on the circumstances.
  • Major Drug Offenses. Someone charged with a drug crime who has a prior felony conviction for another drug crime anywhere in the United States faces a sentence that is twice as long as someone who committed a first offense.

Applying Habitual Offender Status to Criminal Convictions in Michigan

When a prosecutor intends to charge a defendant as a repeat offender, they will file a notice with the court detailing the defendant’s prior convictions. This notice informs the court of the defendant’s criminal history, which the judge may consider at sentencing.

The law categorizes repeat offenders based on the number of prior felony convictions.

  • Habitual Offender 2nd Offense. For a defendant with a single prior felony conviction, the maximum sentence can be increased by 25%.
  • Habitual Offender 3rd Offense. If a defendant has two prior felony convictions, their maximum sentence can be increased by 50%.
  • Habitual Offender 4th Offense. Defendants with three prior felony convictions face an increase of up to twice the maximum sentence.

Implications of Being Labeled a Repeat Offender

Designation as a repeat offender carries significant legal implications in terms of evidence that may be admissible in your new case, how you will be sentenced if you are convicted, and your eligibility for parole. Being labeled a repeat offender can also present significant complications for your future beyond prison.

  • At Trial. At trial, prosecutors are generally prohibited from discussing a defendant’s prior criminal history in front of the jury. However, if you testify on your own behalf, the prosecutor could introduce evidence of your criminal record to try to impeach you.
  • At Sentencing. Repeat offenders in Michigan face harsher sentences if they are convicted of a second, third, or fourth felony offense.
  • On Parole or Probation. Courts generally prefer prison over probation or parole for repeat offenders. If you are granted probation, you will likely be subject to stricter conditions and increased supervision.
  • Long-Term Implications. If you are labeled a repeat offender, you will likely experience increased difficulty finding employment and housing. Many employers are hesitant to hire people with multiple criminal convictions, and landlords may be reluctant to rent to someone with a serious criminal record.

Defense Strategies in Habitual Offender Cases

Defending someone with a criminal history requires a sophisticated and multi-faceted approach.

  • Challenge the Classification as a Repeat Offender. Elmen Legal can challenge a defendant’s classification as a repeat offender if the defendant’s prior offenses do not fall specifically under the “habitual offender” label.
  • Present Mitigating Circumstances. During pre-trial negotiations and at sentencing, Attorney Elmen will highlight a defendant’s efforts to rehabilitate, like therapy or community service, and mitigating factors such as addiction, mental health issues, or other hardships that may have contributed to being charged with a crime.
  • Argue Against Separation of the Incidents. If the current charges stem from the same incident as a prior conviction, Elmen Legal can seek to have them treated as a single event rather than multiple criminal offenses.

How Elmen Legal Can Help

The stakes are high if you are facing criminal charges under Michigan’s repeat offender statute. Your choice of defense lawyer can profoundly affect the outcome of your case.

Michigan defense attorney Robert Elmen is based in Ann Arbor and handles complex criminal matters throughout Michigan. He has earned a reputation for success based on the outstanding results he achieves on behalf of his clients.

Contact Elmen Legal Today

If you are facing criminal charges as a repeat offender, call (734) 707-8915 or contact defense attorney Robert Elmen today.