Habitual Felony Offender
Under Florida Statute Section 775.084(1)(a), the court must determine whether the defendant qualifies for the enhanced sentencing provisions as a Habitual Felony Offender (HFO).
The term “habitual felony offender” is defined as a defendant for whom the court may impose an extended term of imprisonment if it finds that:
- The defendant has previously been convicted of any combination of two or more felonies in this state or other qualified offenses.
- The felony for which the defendant is to be sentenced was committed:
- While the defendant was serving a prison sentence or other sentence, or court-ordered or lawfully imposed supervision that is imposed as a result of a prior conviction for a felony or other qualified offense; or
- Within five (5) years of the date of the conviction of the defendant’s last prior felony or other qualified offense, or within five (5) years of the defendant’s release from a prison sentence, probation, community control, control release, conditional release, parole or court-ordered or lawfully imposed supervision or other sentence that is imposed as a result of a prior conviction for a felony or other qualified offense, whichever is later.
- The felony for which the defendant is to be sentenced, and one of the two prior felony convictions, is not a violation of Section 893.13, F.S., relating to the purchase or the possession of a controlled substance.
- The defendant has not received a pardon for any felony or other qualified offense that is necessary for the operation of this law.
- A conviction of a felony or other qualified offense necessary to the operation of this law has not been set aside in any postconviction proceeding.
Attorneys for Habitual Felony Offenders in Florida
The attorneys at Sammis Law Firm understand Florida’s habitual felony offender law, Section 775.084(1)(a), F.S. We are also familiar with Florida’s other penalty enhancement statutes include the following:
Contact an experienced criminal defense attorney at Sammis Law Firm. We represent clients in Tampa, Hillsborough County, FL, and the surrounding areas throughout the greater Tampa Bay area.
Call 813-250-0500.
HFO Sentencing Proceeding
If the court finds that the defendant meets the criteria for imposing enhanced HFO sanctions, a separate proceeding occurs. During that second proceeding, the court must sentence the defendant as a habitual felony offender unless the court finds that it is not necessary for the protection of the public.
If the court applies the HFO enhanced penalties, the court may sentence the habitual felony offender as follows:
- In the case of a life felony or a felony of the first degree, for life.
- In the case of a felony of the second degree, for a term of years not exceeding 30 years.
- In the case of a felony of the third degree, for a term of years not exceeding 10 years.
This article was last updated on Thursday, October 3, 2024.
