How Prosecutors Use Your Prior Convictions Against You in California

Most people believe that once a person who’s convicted of a crime has served their time, their debt to society has been paid. For the most part, this is true. However, a conviction can cause problems for years. One of the most serious but least understood consequences of a conviction is how prosecutors can use it in future criminal cases. 

This article outlines when and how California prosecutors can use a defendant’s criminal history against them in court. Specifically, it addresses how prosecutors can use prior cases during trial or at sentencing, as well as the legal limits on their use. Finally, it explains how a Marin County criminal defense attorney can help you deal with any prior convictions. 

The General Rule at Trial: Prior Convictions Cannot Be Introduced Automatically 

California Evidence Code § 1101 says, “Evidence of a person’s character . . . or evidence of specific instances of his or her conduct is inadmissible when offered to prove his or her conduct on a specified occasion.” In other words, a person’s prior criminal acts cannot immediately be introduced to prove that they are guilty of the current charge.

For example, A was convicted of murder in 2009 and served 10 years. If A is charged with murder again this year, the prosecutor cannot use the 2009 conviction to argue, “This person murdered before, so they probably did it again this time.” This rule exists to ensure that juries decide each case on its unique facts rather than finding the defendant a “bad person.” 

Exceptions to the Rule Limiting the Use of Prior Convictions During Trial 

While Section 1101 limits the use of prior crimes, this rule has several exceptions. For example:

• Used for another purpose. Section 1101 prevents the DA from using criminal history to prove that someone’s prior bad acts prove what they did in the current case. However, prosecutors can still use prior crimes to prove other things, such as intent or motive. For example, if a victim was killed in a unique way, the DA can introduce evidence of the defendant’s prior murder conviction not to show that the defendant is “bad,” but to show that the crimes were likely committed by the same person.  

• The defendant “opens the door.” Defendants often counter the district attorney’s (“DA’s”) case by introducing evidence of their good character. But if they do, the DA has the right to respond by introducing the defendant’s criminal history. Similarly, if the accused introduces evidence of the victim’s character in support of their self-defense claim, the prosecutor can bring in the defendant’s tendency for violence, including prior violent crimes.  

• The propensity rule. For certain offenses, California law allows DAs to introduce evidence of the defendant’s propensity for committing that crime. Currently, crimes such as sexual offenses, domestic violence, elder abuse, and child abuse fall under this exception. 

• Impeachment. “Impeachment” means using a person’s prior actions or statements to attack their credibility in court. When a defendant testifies on their own behalf, California evidence law permits the DA to challenge their credibility by introducing evidence of prior crimes. Generally, this rule applies only to crimes involving “moral turpitude,” which means crimes that require a high degree of immorality. Determining which crimes involve moral turpitude is not easy, but your Marin County criminal defense attorney can walk you through the rules and exceptions. 

How Prior Convictions Affect Criminal Sentences in California 

The limits on using prior convictions at trial exist to prevent juries from basing their decisions on what happened in prior cases rather than on the current case. However, except in death penalty cases, the sentence is solely up to the judge. Without a jury, there are fewer reasons to restrict the use of criminal history. In fact, California law lists prior convictions as one of the factors judges should consider during sentencing. 

In California, prior convictions generally lead to harsher sentences. This typically happens through sentencing enhancements. 

For example, California Penal Code Section 667(a) allows judges to increase the sentence when the case involves a “serious felony.”

So, when a person convicted of a serious felony is later convicted of another serious felony, the law requires the judge to add five years to their sentence. 

Similarly, Section 667.5 of the Penal Code allows judges to impose additional time for violent felonies. Judges must add three years for each prior completed prison term for a violent felony. The list of violent felonies sometimes overlaps with the list of serious crimes referenced in Section 667(a). In these circumstances, judges have the authority to impose penalties under both statutes. 

California’s laws on sentencing enhancements can be complicated. Be sure to discuss any questions with your Marin County defense attorney. 

Prior Convictions and the “Three Strikes Law”  

In addition to enhancements, California’s “Three Strikes Law” allows judges to increase sentences for people with multiple convictions for certain types of crimes. 

As noted above, California deems certain crimes to be “serious crimes” or “violent felonies.” These serious or violent felonies are seen as “strikes” for the purposes of the Three Strike Law. The first conviction is sentenced as any other crime. However, the second conviction for a serious or violent felony requires the judge to double the sentence. The third strike requires a minimum sentence of 25 years to life. 

Here’s how this works: Assume that B is convicted of robbery and sentenced to a nine-year term. If B has no strikes, the sentence stands. However, if this is B’s second strike, the minimum jail term becomes 18 years. If B has two prior strikes, the final sentence increases to 25 years to life.

Furthermore, because strikes nearly always qualify as violent felonies, serious felonies, or both, the law allows the judge to add enhancements for each. Adding these five- and three-year enhancements leaves B facing a total sentence of 33 years to life. 

Get Legal Help with Prior Convictions 

No one should be defined by their worst actions, yet prosecutors often try to do just that. Fortunately, an experienced Marin County defense attorney can help you protect your reputation and your freedom. Your defense attorney can: 

• Work to exclude prior convictions or limit their use 
• Argue against impeachment 
• Dispute any sentencing enhancements
• Use People v. Romero to challenge any strikes

If you need help with a criminal case in San Francisco or Marin County, contact Brownstein Law Group. We do not rest until we get the best possible result for our clients. To schedule a consultation, call 415-795-9059 or use our online contact form.