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How Can Repeat Felony Offenses Lead to a Life Sentence Under Florida Law?
Florida’s Three Strikes Law is a sentencing law that has been in place since 1999. It is designed to impose harsher penalties on repeat offenders who have been convicted of three qualifying violent felonies. Depending on the severity of the third violent felony charge, the offender may be subject to a mandatory minimum sentence of life in prison.
The Three Strikes law only applies to individuals convicted of three separate violent felonies who meet other sentencing criteria. If you have been charged with a Florida felony and you have previous felony convictions on your record, it is critical to consult with a knowledgeable Lakeland felony defense attorney as soon as possible. Your lawyer can explain the potentially severe consequences you could be facing and evaluate your case to determine the most effective defense strategy. With the looming possibility of significant prison time and hefty fines if you are convicted, it’s crucial to seek the counsel of an experienced lawyer who will uphold your rights.
What Was the Reasoning for Creating a Three Strikes Law?
Has been a topic of major concern within the criminal justice system for decades. Preventing violent crimes by repeat offenders became a top priority for Florida lawmakers after a wave of high-profile crimes were committed by so-called “habitual offenders” in the mid to late 1990s. Florida was one of several states that enacted a Three Strikes Law in an attempt to increase public safety by identifying offenders with a history of violent crimes and subjecting them to more severe penalties upon any subsequent felony convictions. The goal was to discourage continued violent acts through strict legal ramifications that would keep repeat offenders off the streets.
How Does Florida’s Three Strikes Law Work?
Florida statutes § 775.084 outlines the guidelines for determining whether the accused individual qualifies as a three-time violent felony offender and will, therefore, be subject to harsher mandatory minimum sentencing. The accused individual must meet the following criteria for the Three Strikes Law to apply:
- Is currently facing a violent felony charge.
- Has been previously convicted of two separate violent felonies (not misdemeanors).
- Committed the current crime within five years of the completion of the sentence for the last prior offense.
- Was not pardoned due to innocence for a past violent felony conviction.
What Crimes Are Considered Violent Felonies?
Convictions for non-violent crimes can cause significant issues in your life but will not count as a “strike” on your record. Only certain forcible felonies that an individual committed or attempted to commit as an adult are considered violent crimes for the purpose of Florida’s Three Strikes Law. Crimes committed in other states or jurisdictions may count against your three strikes if the crime is substantially similar to a violent felony offense described in Florida law. Qualifying violent felonies include:
- Murder
- Manslaughter
- Aggravated manslaughter of a child
- Aggravated manslaughter of an elderly person or disabled adult
- Aggravated battery
- Aggravated stalking
- Sexual battery
- Kidnapping
- Aggravated abuse of a disabled adult or elderly person
- Aggravated assault with a deadly weapon
- Aggravated child abuse
- Unlawful use of a bomb or destructive device
- Home invasion or robbery
- Armed burglary
- Robbery
- Arson
- Carjacking
What is the Potential Punishment Under the Three Strikes Law?
The exact sentencing for a third violent felony will depend upon the current charges the offender is facing. A third strike triggers mandatory minimum sentencing. This means the court must hand down a sentence that is no less than the statutorily mandated length. However, there is no prohibition against the court handing down an even longer sentence if they choose. Keep in mind that individuals sentenced under the Three Strikes Law are also not eligible for early release or parole and can only be released once their sentence has expired. The mandatory minimum terms of imprisonment for a third strike are as follows:
- For a life felony charge: Life imprisonment.
- For a first-degree felony: 30 years.
- For a second-degree felony: 15 years.
- For a third-degree felony: five years.
Can Judges Ever Depart From the Mandatory Minimums Prescribed By the Three Strikes Law?
The Florida legislature has modified the sentencing guidelines in the years since the Three Strikes Law was introduced. In response to criticisms that the law was too harsh, the state amended it to allow judges more leeway to decide whether the mandatory minimum sentence is appropriate for the crime and offender. While it is exceedingly rare, the court may choose to disregard the mandatory minimum sentencing guidelines for a three-time violent felony offender if they are convinced that such a sentence is not necessary to protect the public from the individual.
However, if the court chooses to depart from the mandatory minimum sentence, they must provide a written explanation of their reasoning for the decision within seven days.
How Can an Experienced Felony Defense Attorney Assist You?
Felony charges are always serious and should be handled with the utmost care. Seeking the services of a skilled defense attorney is even more crucial if you have previous felony convictions for violent crimes. If you are convicted of a third violent felony, your entire future could be at risk. Depending on the charges, you could even be sentenced to lifetime imprisonment with no chance of parole under Florida’s Three Strikes Law. However, with a robust defense, you may succeed in getting your felony charges reduced or dropped.
In these situations, it’s vital to have a legal team that can address your questions and determine the most effective way to defend you against these significant charges. If you have been arrested for a felony charge and are concerned that it may be your third strike, contact DeMichael Law today at 863-216-8131 to schedule a free case evaluation with a Lakeland criminal defense attorney.
