Legal Definitions - prior sentence

A prior sentence refers to a punishment or judgment that a court previously imposed on an individual for an offense committed in the past. When a person is convicted of a new crime, any prior sentences they have received are often considered by the judge during the current sentencing phase. This history can influence the severity of the new punishment, as courts often view repeat offenders more seriously.

• Example 1: Influence on Current Sentencing

  Imagine a person, Alex, is convicted of a new charge of driving under the influence (DUI). Two years ago, Alex was convicted of a similar DUI offense and received a fine and a period of probation. This earlier fine and probation constitute a prior sentence. When the judge determines the punishment for Alex's new DUI conviction, they will take into account this prior sentence, which might lead to a more severe penalty, such as a longer license suspension or increased jail time, compared to what a first-time offender might receive.

• Example 2: "Three Strikes" Laws

  Consider a state with "three strikes" laws, which mandate harsher penalties for repeat felony offenders. Sarah is currently convicted of a serious felony, her third such conviction. She has two previous felony convictions on her record, for each of which she served a prison term. These two prison terms are her prior sentences. Because of these prior sentences, her current conviction triggers the "three strikes" law, potentially resulting in a significantly longer, mandatory prison sentence than if she had no prior felony convictions.

• Example 3: Parole Violations

  John was convicted of robbery and sentenced to five years in prison. After serving three years, he was released on parole, meaning he had to follow certain rules for the remainder of his sentence. The five-year prison term is his prior sentence. If John violates the terms of his parole—for instance, by failing to report to his parole officer—the parole board might revoke his parole. This could result in John being sent back to prison to serve the remaining two years of his original, prior sentence for robbery.