Miami, Florida Habitual Felony Offenders

When a person commits multiple felonies during their life, the justice system responds by increasing the possible penalties for his/her subsequent crimes. In Florida, this type of law is known as Habitual Felony Offender law. This law is designed to increase the penalties for committing further felonies and in many cases, the increase is significant. If you are facing charges as a habitual felony offender, you need an experienced criminal defense attorney on your side.

At Valiente Law, we have extensive experience handling habitual felony offender cases and can help you understand the specific risks in your case and the possible sentencing outcomes you face. Above all, we will build the best line of defense and work tirelessly to protect your rights and your freedom.

Who Qualifies as a Habitual Felony Offender?

Section 775.084(1)(a) requires more than a count of prior charges. It generally requires two qualifying prior felony convictions, a qualifying current felony, and the statutory timing relationship: the new offense must occur during a qualifying sentence or supervision, or within five years of the specified conviction or release dates, whichever is later.

The current felony and at least one of the two priors must fall outside the section 893.13 purchase-or-possession exclusion. Required prior convictions cannot have been pardoned or set aside as specified by the statute. Out-of-state offenses must qualify under Florida’s definition. A juvenile delinquency finding is not interchangeable with an adult felony conviction.

The separate-sentencing requirement matters: each counted prior must have resulted in a conviction sentenced separately before the current offense and separately from the other counted priors. Under subsection (2), probation or community control with adjudication withheld is treated as a prior conviction for this enhancement. Simply counting every count on a criminal-history printout can therefore produce the wrong answer.

Notice, Proof, and Sentencing

The statute requires timely written notice and a separate determination, with counsel and an opportunity to contest the evidence. The state must establish the required findings by a preponderance of the evidence. The exact records, dates, disposition, and identity of the defendant must be checked.

For ordinary HFO sentencing, subsection (4)(a) authorizes up to 10 years for a third-degree felony, up to 30 years for a second-degree felony, and life for a first-degree or life felony. These are not automatic doubled sentences or the mandatory minimums of every other enhancement. A life felony is an offense classification; it should not be confused with every offense that happens to be punishable by life.

The court has the statutory option to decline HFO sentencing when the enhanced sentence is not necessary to protect the public, subject to the required findings and procedures. Habitual violent felony offender, three-time violent felony offender, violent career criminal, and prison releasee reoffender sentencing have distinct requirements. Another applicable law may independently require a sentence.

Contact Our Experienced Miami Criminal Defense Attorney

Valiente Law has a well-earned reputation for providing individuals accused of crimes in South Florida with first-rate legal representation. Well-versed in Florida sentencing law and the separate federal sentencing system, our legal team has the skills and experience that can mean the difference between freedom and prison. If you have been charged with a felony, we will vigorously defend you and work tirelessly to protect your rights.

Please contact our office so we can walk you through how the Habitual Felony Offender law applies in your case, help you understand exactly what sentence you might face and prepare an aggressive and comprehensive defense to the charges against you.