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Florida Sentencing Enhancements

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


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Miami Sentencing Enhancements Defense Lawyer

Attorney Evan A. 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.

Evan A. Hoffman 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.

If you are a repeat offender, be sure that your rights are being fully explored when facing new charges. Contact Miami criminal defense attorney Evan A. Hoffman of The Hoffman Firm at (305) 249-0090 for immediate assistance in your case. This firm serves North Miami, Palm Beach, and surrounding areas.


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Sentencing Enhancements Information Center


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Habitual Felony Offender §775.084(1)(A)

The criteria for repeat offender designations are provided below:

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 (2) 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 conviction of a felony 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).

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Categories of Habitual Felony Offenders

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.

  • 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 or 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
  • 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.

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Violent Career Criminal §775.084(1)(D)

To be classified as a violent career criminal, the court must find 3 things:

  • Three or more previous, separate adult convictions (not pardoned/set aside) for offense or other qualified offense that is:
    • Aggravated Abuse of the Elderly or Disabled §825.102(2)
    • Aggravated Child Abuse §827.03(2)
    • Aggravated Stalking §784.048(3) & (4)
    • Escape §944.40
    • Felony use or possession of a Firearm §790
    • Forcible Felony §776.08
    • Lewd and Lascivious Conduct §800.04
  • The Defendant has been incarcerated in state or federal prison; and
  • Felony to be sentenced for is an enumerated offense AND was committed on or after 10/1/95 AND while serving a sentence for conviction of enumerated offense; OR within 5 years of the date of conviction or release for an enumerated offense.

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Prison Releasee Reoffender §775.082(9)(a)

To be classified as a Prison Releasee Reoffender, the court must find two (2) things:

  • While serving a sentence of imprisonment, while on escape status, or within three years of release from prison, the Defendant.
  • Attempted or committed any of the following offenses:
  • Aggravated Assault
  • Aggravated Battery
  • Aggravated Stalking
  • Aircraft Piracy
  • Armed Burglary
  • Arson
  • Burglary of an Occupied Structure or Dwelling
  • Carjacking
  • Home-Invasion Robbery
  • Kidnapping
  • Manslaughter
  • Murder
  • Robbery
  • Sexual Battery
  • Throwing, Placing, or Discharging, a Destructive Device
  • Treason
  • Any felony involving use or threat of physical force/violence
  • Any §790.07, §800.04, §827.03, or §827.071 felony.

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Sentencing Enhancements for Habitual Offenders

Sentencing enhancements will vary based on the circumstances of the offense and the offender. The number of prior convictions, the nature of the offense, and the individuals affected all play a part in the severity of the sentencing enhancement an offender may face.

Some of the possible penalties for habitual offenders include the following:

  • First-degree felony- life imprisonment;
  • Second-degree felony- 30 years imprisonment;
  • Third-degree felony- 10 years imprisonment;

These penalties will vary depending on the offense committed, the number of previous offenses, and whether the offense was violent.


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More Resources on Sentencing Enhancement

Online Sunshine- Search Florida’s legislative site to find full statutes on sentencing enhancement.

Florida Criminal Punishment Code-This punishment code provides penalties for criminal offenses in the state of Florida.


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The Hoffman Firm Miami-Dade County Sentencing Enhancement Defense Attorney

If your status as repeat offender puts you at risk for the use of sentencing enhancements, speak with criminal defense attorney Evan A. Hoffman at The Hoffman Firm at (305) 249-0090 today, or fill out an online form. He will assess your next move, and vigorously fight to defend your rights.

This firm serves clients in the Miami-Dade County area, Ft. Lauderdale, and surrounding counties.


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Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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If you received any kind of traffic violation in the Miami area call The Hoffman Firm today.

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