Florida Sentencing Enhancements Pt. 3: Three Time Violent Felony Offenders & Violent Career Criminals

This post is our third in the Florida Sentencing Enhancements series and provides a brief overview of the Three Time Violent Felony Offender and Violent Career Criminal statutes.   To be sentenced as a three time violent felony offender, the defendant must first be facing a felony charge that is enumerated in Florida Statutes section 775.084(1)(c).  The list of applicable offenses are some of the most serious felony crimes in this state and include, for example, Arson, Sexual battery, Robbery, Kidnapping, and murder.  Next, the defendant must have at least two prior convictions for an offense outlined in 775.084(1)(c).  The conviction, or release from sanction (whichever is later) must have been within the five years that precedes the commission of the qualifying offense (i.e. that which is before the court for sentencing).  Where the court determines that the defendant qualifies, it must sentence the defendant to the statutory maximum. 

To be sentenced as a violent career criminal, the defendant must first be facing a charge that is enumerated in Florida Statute section 775.084(1)(d), which includes any "forcible felony" (under Florida statute section 776.08), Aggravated stalking, Aggravated child abuse, Aggravated abuse of an elderly person, certain specified sex crimes, Escape, and certain offenses involving the use of a firearm.  The offense must have been committed on or after October 1st, 1995.  Next, the defendant must have served time in a state or federal prison.  Finally, the defendant must have three or more adult convictions for an offense outlined in 775.084(1)(d).  The conviction, or release from sanction (whichever is later) must have occurred within the five years that precedes the commission of the qualifying offense.  Here, the court has discretion as to whether the defendant should be sentenced as a violent career criminal where he or she otherwise qualifies.  If the court decides that the enhancement is appropriate, it may sentence the defendant to a number of years that far exceeds the otherwise applicable statutory maximum and must impose certain minimum mandatory sentences. 

For more information, see our recent publication on Hg.Org: St. Petersburg Three Time Violent Felony Offender and Violent Career Criminal Defense Attorney.

The Kilfin Law Firm, P.C. is a Tampa Bay area criminal defense firm representing clients in St. Petersburg, Clearwater, Tampa, New Port Richey, Dade City, and Bradenton.