If my fiance has a prior conviction of conspiracy and is now being charged with distribution, will this be his first or second offense?

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If my fiance has a prior conviction of conspiracy and is now being charged with distribution, will this be his first or second offense?

He was currently on probation and was arrested for distribution. Will this be considered a first or second offense since they are labeled differently?

Asked on March 29, 2017 under Criminal Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Each conviction constitutes an offense. Therefore, if your fiance is convicted of this most recent charge, it will be his second offense and he will be sentenced accordingly. The offenses do not need to be for the same type of crime.


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