Florida Enhanced Sentences:
10-20-life Law and Weapons Enhancements
Florida Statute 775.087 reclassifies felonies and enhances penalties of an offense when a weapon is possessed or used.
A felony of the first degree is upgraded to a life felony.
A felony of the second degree is upgraded to be a felony of the first degree.
(From 15 years to 30 years incarceration)
A felony of the third degree, to a felony of the second degree.
(From 5 years to 15 years incarceration)
Any person who is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a weapon is an element of the felony, and the conviction was for:
b. Sexual battery;
f. Aggravated assault;
g. Aggravated battery;
j. Aircraft piracy;
k. Aggravated child abuse;
l. Aggravated abuse of an elderly person or disabled adult;
m. Unlawful throwing, placing, or discharging of a destructive device or bomb;
o. Home-invasion robbery;
p. Aggravated stalking;
q. Trafficking in drugs
r. Possession of a firearm by a felon
shall be sentenced to a minimum term of imprisonment of 10 years.
Any person who is convicted of those offenses, and during the course of the commission of the felony such person discharged a “firearm” or “destructive device” shall be sentenced to a minimum term of imprisonment of 20 years.
Any person who is convicted of a listed felony or an attempt to commit a felony listed, and during the course of the commission of the felony such person discharged a “firearm” or “destructive device,” and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison.
This law does not prevent a court from imposing a longer sentence of incarceration as authorized by law in addition to the minimum mandatory sentence.
There are additional enhanced penalties that apply to semi-automatic weapons, high capacity weapons and machine guns.
Florida’s Habitual Felony Offender Law
A “Habitual felony offender” means a defendant for whom the court may impose an extended
term of imprisonment, per Florida Statute 775.084
A person qualifies if they have previously been convicted of any combination of two or
more felonies in this state or other qualified offenses, if:.
The person is before the court for sentencing for a felony committed:
a. While the defendant was serving a felony prison sentence on felony probation/ community control.
b. Within 5 years of the date of the conviction of the defendant’s last prior felony, or release from a prison sentence,
probation, community control, control release, conditional release, or parole.
Purchase or possession of drugs is not a “qualified offense.”
The court can increase sentences for the habitual felony offender as follows:
A first degree felony of life felony offender can be sentenced to a life sentence.
A second degree felony offender can be sentenced to 30 years prison.
(doubling the standard maximum sentence)
A third degree felony offender can be sentenced to 10 years prison
(doubling the standard maximum sentence)
Habitual Violent Felony Offender law
“Habitual Violent Felony Offender” means a defendant for whom the court may impose an extended term of imprisonment, if the defendant has previously been convicted of a violent felony or an attempt or conspiracy to commit a violent felony for such offenses as
b. Sexual battery;
e. Aggravated child abuse;
f. Aggravated abuse of an elderly person or disabled adult;
g. Aggravated assault with a deadly weapon;
j. Aggravated manslaughter of an elderly person or disabled adult;
k. Aggravated manslaughter of a child;
l. Unlawful throwing, placing, or discharging of a destructive device or bomb;
m. Armed burglary;
n. Aggravated battery; or
o. Aggravated stalking.
And, the felony for which the defendant is to be sentenced was committed, while the defendant was serving a felony prison sentence on felony probation/ community control, or within 5 years of the date of the conviction of the defendant’s last prior felony, or release from a prison sentence, probation, community control, control release, conditional release, or parole.
The court may sentence the habitual violent felony offender as follows:
1. In the case of a life felony or a felony of the first degree, for life,
and such offender shall not be eligible for release for 15 years.
2. In the case of a felony of the second degree, for a term of years not exceeding 30 years,
and such offender shall not be eligible for release for 10 years.
3. In the case of a felony of the third degree, for a term of years not exceeding 10,
and such offender shall not be eligible for release for 5 years.
Prison Release Re-Offender Act
This act generally imposes the maximum offense sentence as a mandatory minimum sentence.
Florida Statute 775.082 requires certain enhanced sentences for persons convicted of certain offenses if the new offenses
(including an “attempt”) were committed within three (3) years after being released from prison on a felony charge.
The law requires the Court to impose mandatory sentence of:
a. For a life felony, by a term of imprisonment for life;
b. For a first degree felony, by a term of imprisonment of 30 years;
c. For a second degree felony, by a term of imprisonment of 15 years; and
d. For a third degree felony, by a term of imprisonment of 5 years.
A person sentenced under this law must serve 100 percent of the sentence (day-for day, with no gain-time/good time) and is not eligible for parole, control release, or any form of early release.
“Prison release reoffender” Offenses or attempted offenses are:
d. Sexual battery;
f. Home-invasion robbery;
j. Aggravated assault with a deadly weapon;
k. Aggravated battery;
l. Aggravated stalking;
m. Aircraft piracy;
n. Unlawful throwing, placing, or discharging of a destructive device or bomb;
o. Any felony that involves the use or threat of physical force or violence against an individual;
p. Armed burglary;
q. Burglary of a dwelling or burglary of an occupied structure; or
r. Any felony using a weapon, Lewd and Lascivious offenses , Aggravated Child Abuse,
Sexual performance by a Child, and certain computer pornography violations.
Other Florida Enhanced Penalties and Sentences:
Florida provides additional enhanced penalties/sentences for
Battery and Driving Under the Influence offenses
Three-time violent felony offenders,
“Violent career criminals,”
Wearing a mask while committing an offense,
Offenses against persons on the grounds of religious institutions,
Prejudice motivated offenses, evidencing based on race, color, ethnicity, ancestry, religion,
sexual orientation, homelessness, national origin, mental or physical disability, or advanced age of a victim, Possession of certain kids of child pornography,
Drug trafficking, Possession of a weapon, and many more…
Hiring a lawyer as soon as possible, even while being investigated is vital to the defense of your case, and Christopher L. Rabby, can provide you with a consultation to help you understand the steps involved in your case. Once engaged, we will work to help you combat your charges so that you can move forward with your life. To improve your chances of walking away from your charges with the best outcome possible, call Christopher L. Rabby today or contact us online.