Will You be Treated as
a Habitual Felony Offender?
If you are facing a felony charge that is enhanced under the Habitual Felony Offender statute, call our office at (727) 578-0303 for a free consultation.
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Important notice: Given frequent legislative changes in this area of the law and the unique nature of each case, readers are urged not to rely solely on graphs or charts. You are advised to review Florida Statute Section 775.084 and to consult with an experienced attorney. Retaining an attorney promptly after arrest can sometimes be beneficial with respect to habitual felony offender ramifications. Your attorney may be able to persuade the prosecutor that the facts and circumstances of your case warrant special consideration. This could result in a decision by the State not to file formal charges that would otherwise trigger the harsh sentencing possibilities called for under this statute. |
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1.) Have you previously been convicted of two or more felonies in this state or any other state? |
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2.) Was the felony that you are presently accused of allegedly committed:
a.) While you serving a prison sentence, or on court-ordered supervision imposed as a result of a prior conviction for a felony?
OR
b.) Within 5 years of the date of the conviction of your last prior felony OR within 5 years of being released from a prison sentence, probation, community control, conditional release, parole, or court-ordered supervision imposed as a result of a prior felony conviction, whichever is later? |
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3.) felony you are currently charged with is not a violation of §893.13 (possession, sale, manufacture, delivery of certain controlled substances) and one of the two prior felony convictions is not a violation of §893.13 relating to purchase or possession of a controlled substance. |
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4.) You have not received a pardon for any of the two prior qualifying felonies. |
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5.) A prior qualifying felony conviction has not been set aside in a post-conviction proceeding. |
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SENTENCING CONSEQUENCES
IF (1)-(5) are satisfied THEN: the court may sentence as follows:
the felony is a life felony: for a maximum term of life
the felony is a 1st degree felony: for a maximum term of life
the felony is a 2nd degree felony: for a maximum term of 30 years
the felony is a 3rd degree felony: for a maximum term of 10 years |
