Legal Definitions - habitual criminal

A habitual criminal, also known as a repeat offender, is someone who has been convicted of one or more crimes in the past and is facing new charges. They tend to commit the same type of crime repeatedly, but it's not necessary to commit the same crime to be considered a repeat offender. Examples of crimes that habitual offenders often commit include drug crimes, burglary, robbery, petty larceny, assault, trespassing, sex offenses, and driving while intoxicated (DWI).

To prevent people from becoming habitual offenders, many states have implemented laws called habitual offender laws. These laws aim to reduce the rate of repeated criminal activity by increasing the severity of punishment and intensifying the requirements for probation or parole. The penalties for habitual offenders may include longer prison sentences, supervised probation, higher fines, revocation or suspension of licenses, and the loss of certain civil liberties.

For example, California Penal Code 667 (e)(2)(A) states that a defendant who has been convicted of a violent or serious felony and has two prior convictions of violent or serious felonies, to be sentenced to 25 years to life in state prison. Additionally, it stipulates that a defendant who has previously been convicted of a serious or violent felony must be given a sentence that is double the standard sentence for any California felony conviction.

The examples illustrate that habitual offenders are people who have a history of committing crimes and are facing new charges. The laws aim to prevent them from committing more crimes by increasing the severity of punishment. The penalties for habitual offenders are more severe than for first-time offenders because they have a history of criminal activity.