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FLORIDA SENTENCING ENHANCEMENTS

Florida Sentencing Enhancements

Florida has adopted numerous sentencing guidelines designed to increase the potential penalties for repeat offenders.

Bradley M. Collins, P.A. has been handling cases involving sentencing enhancements for more than 25 years, and can help explain Florida's sentencing enhancements and how they might impact your future. 

Under the sentence enhancement system, the criteria for repeat offenders depend upon the offender's classification. There are four specific classifications of repeat offenders:

The Habitual Felony Offender

The Habitual Violent Offender

The Violent Career Criminal

Prison Releasee Reoffender

Habitual Felony Offender (HFO):

1st Degree HFO: Life in prison.

2nd Degree HFO: Up to 30 years in prison.

3rd Degree HFO: Up to 10 years in prison and the offender is ineligible for early release during the first 5 years of their sentence.

Habitual Violent Felony Offender (HVFO):

Life felony – up to life in prison and they are ineligible for early release during the first 15 years of their sentence.

1st Degree HVFO: The offender must spend up to 30 years in prison and they are ineligible for early release during the first 10 years of their sentence.

2nd Degree HVFO: Up to 30 years in prison and the offender is ineligible for early release during the first 10 years of their sentence.

3rd Degree HVFO: Up to 10 years and the offender is ineligible for early release during the first 5 years of their sentence.

Violent Career Criminal (VCC):

Life felony – they must spend life in prison.

1st Degree VCC: Life in prison.

2nd Degree VCC: Up to 40 years in prison and the offender is ineligible for early release during the first 30 years of their sentence.

3rd Degree VCC: Up to 15 years in prison and the offender is ineligible for early release during the first 10 years of their sentence.

Prison Releasee Reoffender (PRR)

1st Degree PRR: Up to 30 years in prison, the offender must serve 100% of their sentence, and they are ineligible for early release.

2nd Degree PRR: Up to 15 years in prison, the offender must serve 100% of their sentence and they are ineligible for early release.

3rd Degree PRR: Up to 5 years in prison, the offender must serve 100% of the sentence, and they are ineligible for early release.

The Habitual Felony Offender Under §775.084(1)(A)

Under §775.084 a person is classified as a habitual felony offender when:

The offender has been convicted of (2) or more felonies or other qualified offenses.
The felony that the offender is currently being sentenced for was committed while the offender was in prison for a prior felony or other qualifying criminal offense within five years of the prior felony or offense, or within five years of being released from prison.
If the current felony the offender is being sentenced for and one of his or her two prior convictions do not fall under § 893.13 Florida Statute (Purchase or possession of a controlled substance).

The Habitual Violent Felony Offender Under §775.084(1)(B)

Under §775.084 a person is classified as a violent felony offender when the offender has a prior, separate conviction for a felony, attempted felony, or conspiracy to commit a felony, and of or more of these convictions were for any of the following:

Aggravated Assault
Aggravated Child Abuse
Aggravated Abuse of the Elderly or Disabled
Aggravated Manslaughter of the Elderly or Disabled
Aggravated Manslaughter of a Child
Aggravated Battery
Aggravated Stalking
Armed Burglary
Arson
Kidnapping
Murder
Manslaughter
Robbery
Sexual Battery
Throwing, Placing, or Discharging a Destructive Device

Additionally, the current felony to be sentenced is an enumerated offense and was committed while the offender was serving a sentence for a conviction for any of the enumerated offenses, within the previous five years of the date of the conviction or release of the prior offense.

The Violent Career Criminal Under §775.084(1)(D)

In order to be classified as a violent career criminal, the offender must have previously been convicted as an adult three or more times for an offense in Florida or another qualifying offense that is:

Aggravated Abuse of an Elderly Person or Disabled
Aggravated Child Abuse
Aggravated Stalking
Escape
Felony Use or Possession of a Firearm
Any Forcible Felony
Lewd and Lascivious Conduct, Battery, Molestation

The offender has been previously incarcerated in federal prison, and the felony to be sentenced for was an enumerated offense, and was committed on or after October 1, 1995, and: a. While serving his or her sentence for their conviction, or b. Within 5 years from the date of the conviction, or within five years of the release from a prison sentence, probation, control release, condition release, parole, or court-ordered or lawfully imposed supervision imposed as a prior conviction for an enumerated felony.

The Prison Releasee Reoffender §775.082(9)(a)

In order for an offender to be classified as a prison release reoffender, two factors must be present. While the offender was serving their sentence of imprisonment, while they were on escape statues, or within three years of release from prison the offender must have committed or attempted to commit the following offenses:

Aggravated Assault
Aggravated Battery
Aggravated Stalking
Aircraft Piracy
Armed Burglary
Arson
Burglary of an Occupied Structure or Domicile
Carjacking
Home Invasion
Kidnapping
Manslaughter
Murder
Robbery
Sexual Battery
Throwing, Placing or Discharging a Destructive Device
Treason
Any other felony using the threat of physical violence
Any §790.07, §800.03, or §827.071 felony

Drug Crimes

Theft Crimes

Violent Crimes

Dui Defense

Sex Crimes

Other Offenses

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This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Bradley M. Collins, P.A.