Florida Sentencing Enhancements

The Florida legislature has determined that repeat offenders should be exposed to enhanced penalties and has created the following sentencing designations to increase the range of penalties repeat offenders can face.

• Habitual Felony Offender
• Habitual Violent Felony Offender
• Violent Career Criminal
• Prison Releasee Reoffender

The criteria for these repeat offender designations are provided in the table below:

Habitual Felony Offender §775.084(1)(A)

A person is eligible to be classified as a habitual felony offender if the court finds that:

1. The offender has been previously convicted of a combination of two (2) or more felonies or qualified offenses.
2. The current felony the offender is to be sentenced for was committed while the offender was in prison for a prior conviction of a felony or other qualified offense or within five years of the date of the last prior felony or other qualified offense conviction or within five years of release from prison or other commitment.
3. The current felony the offender is to be sentenced for and one of the two prior convictions does not fall under Section 893.13, Florida Statutes (Purchase or possession of a controlled substance).

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

A person is eligible to be classified as a habitual felony offender if the court finds the following two things.

1. The offender has a previous, separate conviction (not pardoned or set aside), for a felony, attempted felony, or conspiracy to commit a felony and one or more of these convictions were for either:
   1. Aggravated Abuse of the Elderly or Disabled
   2. Aggravated Assault
   3. Aggravated Child Abuse
   4. Aggravated Manslaughter of the Elderly or Disabled
   5. Aggravated Manslaughter of a Child
   6. Aggravated Battery
   7. Aggravated Stalking
   8. Armed Burglary
   9. Arson
   10. Kidnapping
   11. Murder
   12. Manslaughter
   13. Robbery
   14. Sexual Battery
   15. Throwing, Placing, or Discharging, a Destructive Device
2. The current felony to be sentenced for is an enumerated offense and was committed while serving a sentence for a conviction of an enumerated offense or within five years of the date of conviction or release for an enumerated offense.

Violent Career Criminal §775.084(1)(D)

To be classified as a violent career criminal, the court must find 3 things:

1. Three or more previous, separate adult convictions (not pardoned/set aside) for offense or other qualified offense that is:
   1. Aggravated Abuse of the Elderly or Disabled §825.102(2)
   2. Aggravated Child Abuse §827.03(2)
   3. Aggravated Stalking §784.048(3) & (4)
   4. Escape §944.40
   5. Felony use or possession of a Firearm §790
   6. Forcible Felony §776.08
   7. Lewd and Lascivious Conduct §800.04
2. The Defendant has been incarcerated in state or federal prison; and
3. Felony to be sentenced for is an enumerated offense AND was committed on or after 10/1/95 AND while serving sentence for conviction of enumerated offense; OR within 5 year of date of conviction or release for enumerated offense.

Prison Releasee Reoffender §775.082(9)(a)

To be classified as a Prison Releasee Reoffender, the court must find two (2) things:

1. While serving a sentence of imprisonment, while on escape status, or within three years of release from prison, the Defendant
2. Attempted or committed any of the following offenses:
   1. Aggravated Assault
   2. Aggravated Battery
   3. Aggravated Stalking
   4. Aircraft Piracy
   5. Armed Burglary
   6. Arson
   7. Burglary of an Occupied Structure or Dwelling
   8. Carjacking
   9. Home-Invasion Robbery
   10. Kidnapping
   11. Manslaughter
   12. Murder
   13. Robbery
   14. Sexual Battery
   15. Throwing, Placing, or Discharging, a Destructive Device
   16. Treason
   17. Any felony involving use or threat of physical force/violence
   18. Any §790.07, §800.04, §827.03, or §827.071 felony.

Contact Criminal Defense Lawyer Richard Hornsby

If you are facing repeat offender sentencing in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer Richard Hornsby today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.