A predicate felony is used to describe a felony that was committed by a repeat offender. The term is often used during the court process. Certain restrictions are in place when the courts consider a predicate offense, including the time that has passed since the previous felony was committed and the severity of the crime.
Any NY criminal defense attorney experienced in New York criminal law should be able to explain to you that if you are a predicate felon in New York State and charged with a non-controlled substance offense, a second felony conviction will land you in state prison even if your offense is “merely” and “E” Felony.
Predicate Felon is someone who has been previously convicted of a felony in NY state or the elements of another state match the elements of a NY felony thus qualifying as a predicate within the last ten years. By virtue of being a predicate felon, your son would have stricter sentencing guidelines.
The first DUI is a ‘predicate’ offense because the punishment for the second is predicated upon the commission of the first offense. Some jurisdictions might make a felony DUI look back 10 years (that is, look at the number of DUI convictions in the last 10 years), while others might look back 15 or 20 years.
Predicate Offense. In criminal law, a predicate offense, also referred to as a “predicate act,” is a crime that provides the resources for, or contains some of the elements of, a more serious crime. A predicate offense is committed for the purpose of committing the greater crime.
What constitutes a predicate felony offender? I was released from prison in December of 2001 on a drug felony. In June of 2011 my company filed a police report claiming there was theft. In January of 2012 I was arrested and charged with Grand Larceny (a little over 50K) a class C felony. At the time of my arrest more than 10 years has passed ...
A predicate offense is an action that provides the underlying resources for another criminal act, according to The Law Society. In the United States, a predicate offense most frequently applies to actions providing funds for money laundering and financing of terrorism, according to USLegal.
For a prior conviction to count as a predicate felony, the sentence for the felony has to have been imposed before the sentence for the current felony. Therefore, crimes committed at the same time and charged simultaneously cannot count as predicate felonies for the other charged crimes if there have been not convictions and sentences imposed.
(a) A second felony offender is a person, other than a second violent felony offender as defined in section 70.04, who stands convicted of a felony defined in this chapter, other than a class A-I felony, after having previously been subjected to one or more predicate felony convictions as defined in paragraph (b) of this subdivision.
Unlike most murder charges, felony murder doesn’t require the intent to kill, only: the intent to commit the underlying felony (the “predicate felony”), and; that someone died as a result of the felony. If more than one person participates in the felony, all involved are equally responsible, even those who didn’t cause the death.