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Finkelstein Firm, P.A.

Nearly Two Decades Years Of Criminal Defense Experience In Clearwater

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Enhanced Penalties For Certain Felony Offenders

In Florida, there are certain offenders and crimes that qualify for enhanced penalties. The state attorney’s office will determine if the accused has the prerequisite prior convictions and whether the current offense is one of the enumerated charges that qualify for enhancement. If so, the state attorney will file a notice of the defendant’s qualifications as a prison release reoffender (PRR), habitual felony offender (HFO), habitual violent felony offender (HVFO) or violent career criminal (VCC).

Understanding these different qualifications can be difficult, which is why I want to explain the complicated areas of this criminal defense issue. My name is Jenna Finkelstein. At the Finkelstein Firm, P.A., in Clearwater, I make sure that I do everything I can to help my clients, which includes explaining the details of their cases to them.

Upon conviction, either after a trial or after a guilty plea, the state must prove by a preponderance of the evidence that the person, in fact, meets the criteria for the enhanced penalty. This is done by providing a sentencing packet to the court for review.

What do these enhancements mean for a criminal defendant? In Pinellas County, there is an entire division in the Criminal Courts Complex devoted to career criminals. A defendant who qualifies to be in that division can assume that the state attorney will be seeking the maximum penalty allowed by law.

Prison Release Reoffender (PRR)

This is any defendant who commits or attempts to commit certain charges listed in Florida Statute 775.082(9)(a)1 within three years after being released from a state correctional facility (Florida’s Department of Corrections, private vendor or an institution of another state) following incarceration for any offense punishable by more than one year in Florida (i.e., any felony charge). A defendant who is a PRR is not eligible to be sentenced under these sentencing guidelines:

  • Third-degree felony: Mandatory five years imprisonment
  • Second-degree felony: Mandatory 15 years imprisonment
  • First-degree felony: Mandatory 30 years imprisonment
  • Felony punishable by life: Mandatory life sentence

A defendant sentenced as a PRR is not eligible for good/gain time, and is only to be released upon expiration of the sentence (aka day for day).

Habitual Felony Offender (HFO)

This is a defendant who has been previously convicted of any combination of two or more felonies or other qualified offenses in this state and committed the current felony offense that they are to be sentenced on under one of the following circumstances:

  • While they were already serving a sentence (incarceration or supervision)
  • Within five years of the date of the conviction of the defendant’s last felony, or within five years of the defendant’s release from a prison sentence, probation, community control, control release, conditional release, parole or court-ordered supervision

In addition, the felony for which the defendant is to be sentenced and one of the two prior felony convictions must not be violations of Florida Statute 893.13 (relating to the purchase or possession of a controlled substance only). If a defendant qualifies as an HFO – sometimes called a habitual offender (HO) – then the court may impose an extended term of imprisonment, such as the following:

  • Third-degree felony: A term not exceeding 10 years
  • Second-degree felony: A term not exceeding 30 years
  • First-degree felony (or punishable by life felony): Life

Habitual Violent Felony Offender (HVFO)

This is a defendant who has been convicted of committing a felony or attempting to commit a felony, and one or more of these convictions was for the charges found in Florida Statute 775.084(b)1. Some of the charges listed are arson, sexual battery, robbery, kidnapping, murder, manslaughter, aggravated child abuse and aggravated battery.

The current felony for which the defendant is to be sentenced was committed under one of the following circumstances:

  • While the defendant was serving a sentence (incarceration or supervision)
  • Within five years of the date of the conviction of the defendant’s last felony, or within five years of the defendant’s release from a prison sentence, probation, community control, control release, conditional release, parole or court-ordered supervision

If a defendant qualifies as an HVFO, then the court may impose an extended term of imprisonment, such as:

  • Third-degree felony: A term not exceeding 10 years, and the offender is not eligible for release for five years
  • Second-degree felony: A term not exceeding 30 years, and the offender is not eligible for release for 10 years
  • First-degree felony or life felony: A term of life, and the offender is not eligible for release for 15 years

Violent Career Criminal (VCC)

This is a defendant who has previously been convicted as an adult three or more times for an offense in this state or another qualified offense that is:

  • Any forcible felony – Florida Statute 776.08
  • Aggravated stalking
  • Aggravated child abuse
  • Aggravated abuse of the elderly or a disabled adult
  • Lewd or lascivious battery/molestation/conduct/exhibition
  • Escape
  • A felony violation of Chapter 790 involving the use or possession of a firearm

This defendant needs to have been incarcerated in a state or federal prison, and the current primary offense for which the defendant is to be sentenced is one of the listed offenses above and one of the following:

  • While the defendant was serving a sentence (incarceration or supervision) for an enumerated felony
  • Within five years of the date of the conviction of the defendant’s last prior enumerated felony, or within five years of the defendant’s release from a prison sentence, probation, community control, control release, conditional release, parole or court-ordered supervision that was the result of a prior conviction for an enumerated felony – whichever is later

If a defendant qualifies as a VCC, then the court will sentence the person as follows:

  • Third-degree felony: A term not exceeding 15 years, mandatory minimum 10 years imprisonment
  • Second-degree felony: A term not exceeding 40 years, mandatory minimum 30 years imprisonment
  • First-degree felony or life felony: Life

If the court finds that it is not necessary for the protection of the public to sentence a defendant who meets the criteria for HFO, HVFO or VCC, it may impose a sentence other than those mentioned above. If the court finds that the defendant meets the criteria for PRR, then it does not have the authority to sentence the defendant to anything other than the mandatory sentences mentioned above.

I Am Here For You

The Finkelstein Firm, P.A., is a full-service Pinellas County criminal defense firm. Conveniently located in Largo, my office is only minutes away for residents of Clearwater and St. Petersburg. I regularly handle criminal defense for residents of Largo, Pinellas Park, Seminole, Madeira Beach, Indian Rocks, Kenneth City, St. Petersburg, St. Petersburg Beach, Treasure Island, Clearwater, Clearwater Beach, Safety Harbor, Dunedin, Palm Harbor and Tarpon Springs.

If you are in need of assistance or want more information, please contact me at 727-202-4418 or by email to schedule your free initial consultation today.