Wednesday, July 30, 2014

Florida Sentencing Enhancements: Habitual Felony Offenders and Habitual Violent Felony Offenders

Like all states, Florida has some harsh recidivist sentencing statutes. The Habitual Felony Offender and Habitual Violent Felony Offender statutes increase increase the maximum penalties that are otherwise authorized by law.  The Habitual Violent Felony Offender statute imposes certain minimum mandatory sentences as well.  To invoke the provisions of either statute, where a person otherwise qualifies, the state is required to serve that person with written notice of its intent to seek a sentence under either statute.  Unlike other recidivist sentencing statutes, such as the PRR statute, the court has some discretion in deciding whether to sentence a person as an HFO or an HVFO.  For more information, see our recent publication on HG. Org: Florida Sentencing Enhancements Part 2: Habitual Felony Offenders and Habitual Violent Felony Offenders

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