Florida’s Three Strike Law And Imprisonment

Three Strike Law In FloridaIn Florida, the Three Strike Law is a sentencing scheme that imposes a mandatory minimum sentence for defendants who have been convicted of three separate felony offenses. HAWM Law can help you defend against a felony charge before you get to this point in your life. We can also help guide you through your third-strike felony case and provide the best defense possible for your unique circumstances.

What Does the Law Say About ‘Three Strikes’?

According to Florida state law, when a defendant has previously been convicted of two or more felonies in this state or other qualified offenses, they can receive an extended term of imprisonment. These defendants are considered habitual felony offenders. A ‘habitual violent felony offender’ is a defendant who has been convicted of two or more felonies, and one of those convictions are for:

  • Arson
  • Sexual battery
  • Robbery
  • Kidnapping
  • Aggravated child abuse
  • Aggravated abuse of an elderly person or disabled adult
  • Aggravated assault with a deadly weapon
  • Murder
  • Manslaughter
  • Aggravated manslaughter of an elderly person or disabled adult
  • Aggravated manslaughter of a child
  • Unlawful throwing, placing, or discharging of a destructive device or bomb
  • Armed burglary
  • Aggravated battery
  • Aggravated stalking

If you are facing criminal charges in central Florida, do not waste any time. Contact HAWM Law and find out how our lawyers can help protect your freedom.

What Punishments Can I Receive on My Third Strike Felony Charge?

The court must sentence the three-time violent felony offender to a mandatory minimum term of imprisonment as follows:

  • In the case of a felony punishable by life, to a term of imprisonment for life;
  • In the case of a felony of the first degree, to a term of imprisonment of 30 years;
  • In the case of a felony of the second degree, to a term of imprisonment of 15 years; or
  • In the case of a felony of the third degree, to a term of imprisonment of 5 years.

However, nothing in the law prevents a court from imposing a greater sentence of incarceration than the guidelines above.

If You Think This Does Not Sound Fair, You are Not Alone

Three-strike laws across the nation have been widely critiqued as being too harsh and not taking into consideration the individual and unique circumstances of each case. These critics point out that mandatory minimum sentences do not allow for judges to use their best judgment and discretion in sentencing individuals. This means that a judge cannot take into account the defendants age, mental health, and other conditions specific to them and their case. In typical criminal cases, a judge is able to consider those factors in discretionary sentencing, whereas mandatory minimum sentencing prevents that evaluation.

HAWM Law in Florida is Here For You

At HAWM Law, everyone can be represented by high-quality criminal defense attorneys in both state and federal matters. Schedule a free consultation with us today to get answers about how to handle your criminal charge. Our experienced attorneys have years of trial experience across the state of Florida and are on your side in your fight for justice. Reach out today to determine how to achieve the best outcome possible in your criminal defense case with HAWM Law.

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