Salem, IN asked in Criminal Law for Indiana

Q: How many prior felony convictions do you have to have before a habitual felony offender can be filed?

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3 Lawyer Answers
Paul Stanko
Paul Stanko
PREMIUM
Answered
  • Criminal Law Lawyer
  • Plymouth, IN
  • Licensed in Indiana

A: Two, with the third one pending.

Andrew L. Bennett
Andrew L. Bennett
PREMIUM
Answered
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: Mr. Stanko is correct, but also the timing of the arrest and convictions is important as well.

David M Seiter
David M Seiter
Answered
  • Criminal Law Lawyer
  • FISHERS, IN
  • Licensed in Indiana

A: For Level 1-4:

1) person has been convicted of two

2) prior unrelated felonies; and at least (1) of the prior unrelated felonies is not a Level 6/Class D Felony.

For Level 5:

1) Person convicted of two

2) Prior unrelated felonies; and at least one (1) of the prior unrelated felonies is not a Level 6/Class D Felony and

3) if the person is alleged to have committed a prior unrelated Level 5/Class C or Level 6/Class D Felony then not more than 10 years have elapsed between the tie the person was released from imprisonment, probation, or parole (whichever is latest) and the time the person committed the current offense.

Level 6:

1) the person has been convicted of THREE

2) prior unrelated felonies; and

3) if the person is alleged to have committed a prior unrelated Level 5/Class C or Level 6/Class D Felony then not more than 10 years have elapsed between the tie the person was released from imprisonment, probation, or parole (whichever is latest) and the time the person committed the current offense.

The State may not seek Habitual enhancement if the current offense that is a misdemeanor that is being enhanced to a felony in the same proceeding as the habitual offender proceeding solely because the person has a prior unrelated conviction. However, a prior unrelated felony conviction may be used to support a habitual offender determination even if the sentence for the prior unrelated offense was enhanced for any reason, including an enhancement because the person had been convicted of another offense.

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