Massachusetts Habitual Criminal Law
Under Massachusetts General Laws, chapter 279, section 25 a person could be charged as a habitual criminal. You could be charged as a habitual criminal if you have been previously convicted of two crimes and have been committed to prison on each for terms of not less than three years. The prior offenses do not need to occur in the state of Massachusetts. You could have been convicted of the previous offenses in any state or federal court. The court cannot designate you as a habitual criminal before you have been given a trial as being a habitual offender. A conviction of over 10 years can still be used by the state if you are charged as a habitual criminal.
If you are convicted as a habitual criminal, the court will sentence you to the maximum term for the underlying charge you are convicted. Say if you are charged with breaking and entering and as a habitual criminal. If you are convicted of breaking and entering with intent to commit a felony charge and convicted as a habitual criminal, the court must sentence you to 20 years. Being charged as a habitual criminal is a huge problem. You need an experienced attorney to help you with your case.
Call Attorney Jason Chan to talk about your case today at 508-808-8902