Florida Sentencing Enhancements

Defending against Enhanced Sentences in Miami & Fort Lauderdale

The Florida legislature has determined that repeat offenders should be subject to the possibility of enhanced penalties. As repeat offenders are deemed more likely to commit further criminal activity, the possible penalties for these individuals are increased.

If you have been charged with a crime and you have existing criminal charges on your record, you are at risk of facing heightened sentencing and increased fines. You need a criminal defense attorney with years of experience fighting for clients in the courtroom and in negotiations.

Attorney Evan Hoffman has over 17 years of experience both as a defense attorney and as a prosecutor. With his unique knowledge of Florida’s prosecution methods, he is well-equipped to defend you against any additional charges you may be facing.

Our Miami sentencing enhancement defense lawyer has represented a wide range of clients in both jury and non-jury trials. He has successfully defended clients against even the most difficult charges.

Give us a call at (305) 928-1669 if you are in Miami, 954-737-3004 if you are in Broward County, or contact us online to request a free consultation.

Categories of Habitual Felony Offenders

The criteria for repeat offender designations are provided below.

Habitual Felony Offender §775.084(1)(A)

A person is eligible to be classified as a habitual felony offender if the court finds that:

• The offender has been previously convicted of a combination of two or more felonies or qualified offenses.
• The current felony the offender is to be sentenced for was committed while the offender was in prison for a prior felony conviction or other qualified offense or within five years of the date of the last prior felony or other qualified offense conviction or within five years of release from prison or other commitment.
• The current felony the offender is to be sentenced for and one of the two prior convictions does not fall under Section 893.13, Florida Statutes (Purchase or possession of a controlled substance).

Habitual Violent Felony Offender §775.084(1)(B)

A person is eligible to be classified as a habitual felony offender if the court finds the following two things:

1. The offender has a previous, separate conviction (not pardoned or set aside) for a felony, attempted felony, or conspiracy to commit a felony and one or more of these convictions were for either:

• Aggravated abuse of the elderly or disabled
• Aggravated assault
• Aggravated child abuse
• Aggravated manslaughter of the elderly/ disabled
• Aggravated manslaughter of a child
• Aggravated battery
• Aggravated stalking
• Armed burglary
• Arson
• Kidnapping
• Murder
• Manslaughter
• Robbery
• Sexual battery
• Throwing, placing, or discharging, a destructive device

2. The current felony to be sentenced for is an enumerated offense and was committed while serving a sentence for a conviction of an enumerated offense or within five years of the date of conviction or release for an enumerated offense.