Career Criminal Enhancements IN MIAMI, BROWARD, AND HIALEAH
CAREER CRIMINALFlorida state follows the recidivism thesis under which persons with past convictions will be given harsher sentences in subsequent convictions (sentencing enhancements), and sometimes a minimum sentencing standard is mandatory, persons falling under the “career criminal” category include:
Habitual felony offender (hfo)While a habitual felony offender will not face a mandatory sentencing minimum standard, they might face up to double the sentencing for their subsequent crimes, the sentencing is at the discretion of the judge therefore a habitual felony offender can be imposed a sentence below the guidelines ranges for this types of career criminals.
HABITUAL VIOLENT OFFENDER (HVO)Contrary to habitual felony offender, a person that falls under the category of a habitual violent offender will face a mandatory sentencing minimum standard, for example: A habitual violent offender convicted of a first-degree felony can face up to life prison, but must serve at least 15 years in prison, the maximum sentencing standard is at judge discretion so the judge can impose an extended prison term.
VIOLENt career criminal (vcc)When the prior felonies (three or more) are violent in nature, the offender might be designated as a violent career criminal, a person designated under this category will face mandatory sentences, a convicted as violent career criminal of a second-degree felony can face up to 40 years in prison the minimum sentencing standard he must serve is 30 years in prison, in other words the judge cannot impose a term less than 30 years, for Violent Felony Offenders of Special Concern a bond is not permitted so they must remain in jail until the sentence takes place, only if the violation is based on the failure to pay court imposed fees or other costs they may be allowed to get out with a bond.
THREE-TIME FELONY OFFENDER (“three strikes, you’re out”)If a person was previously convicted of two or more crimes out of a list of specific offenses that include but are not limited to: Arson, Robbery, Kidnapping, Aggravated Child Abuse, Armed Burglary, Murder, Manslaughter, among others; within the Florida Jurisdiction or committed in another jurisdiction if they are similar to this list of offenses, or an attempt to commit any of these offenses, the offender may be imposed of a specified mandatory minimum sentence however the judge can impose a term longer than the minimum sentence required by law. A very important aspect to consider is that to be considered a three-time felony offender the following criteria must be met: the offenses are committed while serving a prison or any other sentence imposed as a result of a prior conviction of the list of enumerated felonies, and the felony happens within five years after the date of conviction of the felonies enumerated or has been released from prison. If the court in a different procedure determines that the person qualifies as a three-time felony offender the mandatory minimum term for example in a case punishable by life is life, in a first-degree felony is a 30-year’s term, in a second-degree felony is 15-year imprisonment and in a third-degree felony he must serve a minimum of 5 years in prison.
prison release re-offender (prrp)A person released from a state or federal prison that is facing a new conviction within 3 years after their release from prison, while on escape status or while serving a sentence of imprisonment can be eligible as a Prison Release Reoffender they may face a mandatory minimum sentence which is non-discretionary and is similar to the Three-Time Felony Offender and Violent Career Criminal enhancements. A person sentenced under this category must serve 100% of the sentence and is not eligible for any form of early release.
10-20 LIFE ENHANCEMENTUnder Florida statue 775.087 a convicted person of that during the commission of a certain list of felonies uses a weapon or firearm may be forcibly facing a mandatory minimum sentencing. The name of this category of enhancement comes after at least 10-year prison for having a gun during the commission of a specific felony, minimum 20-year prison for firing a gun during the commitment of a felony of the list specified by the law, at least 25 years to life imprisonment for shooting a gun during the commission of a felony of the list.
There are special divisions in the Florida State Attorney’s Office that target “career criminals” and enhanced sentencing aggressively, your best changes to deal with this is to seek for an experienced Criminal Defense Lawyer experienced in the area and who knows the institution from the inside out at Adam K Goodman law firm we will find the best options for you to get at least the less term you or your loved ones can face, challenge the later offenses, or negotiating the best agreement with the prosecution.
If you have been convicted of a crime in Florida, it is important to seek an Appellate Attorney immediately. Contact Miami Criminal Defense Attorney Adam K. Goodman to learn about your options during a free consultation. As a Hialeah Criminal Defense Attorney, Adam K. Goodman will aggressively fight for you and defend your constitutional rights. Adam K. Goodman maintains the ideal that relationships matter, which has earned him respect amongst prosecutors and judiciary. This leads to results for you, the client.
As a former Miami prosecutor and Chief of Litigation, Adam K. Goodman has the experience and knowledge to defend your case. Contact The Law Office of Adam K. Goodman at (305) 482-3265 or (954) 695-5126 today for all of your Broward County, Palm Beach, Monroe, or Miami Criminal Defense needs.