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Florida Sentencing Enhancements Put a Skilled and Trial-Proven Attorney in Your Corner

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.

Violent Career Criminal §775.084(1)(D)

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

1. 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

2. 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.

Prison Releasee Reoffender §775.082(9)(a)

To be classified as a prison releasee reoffender, the court must find:

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.

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:

  • 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.

Reach Out to The Hoffman Firm

If your status as repeat offender puts you at risk for sentencing enhancements, speak with criminal defense attorney Evan Hoffman at The Hoffman Firm. We can assess your next move and vigorously fight to defend your rights.

Discuss your case with us today by calling (305) 928-1669 if you are Miami. Call 954-737-3004 if you are in Broward County. Your initial consultation is free and confidential.

Why Should You Choose The Hoffman Firm?

Here Are Six Reasons
  • Client-Focused Representation

    Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.

  • Decades of Experience

    Attorney Evan Hoffman has over two decades of experience fighting for the accused.

  • Premier Criminal Defense Firm

    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.

  • Proven Track Record

    Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.

  • Florida Former State Prosecutor

    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.

  • Free Initial Consultation

    We offer free initial consultations to ensure that we have your best interests in mind.

Hear it From Our Clients

Read What Past Clients Had to Say
  • “As busy as he is, I was always able to get a hold of him. He provided me his personal cell phone and I was always able to text him if I had any questions.”

    - John
  • “Evan was able to get all my charges dismissed and now 6 months after the worst mistake of my life (getting arrested), Evan was able to give me my life back.”

    - Stacy
  • “I cannot say enough great things about Evan and his staff. He helped me and he will help you too. Call Evan if you are ever in legal trouble.”

    - Armando
  • “I know that I am grateful for all of Evan's hard work and can without a doubt recommend him to my friends, family and all of those out there on the world wide web.”

    - Joshua
  • “If anyone is ever arrested or even under investigation, I can assure you the only person you need to call is EVAN!”

    - John
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Record Of Success

Aggressive Criminal Defense
  • Charges Dropped Felony Possession of a Firearm

    Our client was arrested for possession of a firearm by a convicted felon and grand theft of a firearm.

  • Case Dismissed Possession of Marijuana

    We filed a motion to suppress the stop based upon an illegal search and seizure. The Judge ruled that the officer did not have probable cause to stop the client.

  • Charges Dismissed Domestic Violence - Battery

    Mr. Hoffman was able to convince the State Attorney’s Office to drop all charges.

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