Miami Violent Career Criminal

Florida’s violent-career-criminal sentencing and career-offender registration laws can have serious consequences, but neither is triggered simply by having any three felonies. Valiente Law reviews the qualifying offenses, dispositions, dates, and court findings before advising a client about exposure or registration.

Violent Career Criminal Eligibility

Section 775.084(1)(d) requires at least three qualifying prior adult convictions, prior state or federal imprisonment, a qualifying current primary felony, and the specified timing and other conditions. The qualifying categories include forcible felonies under section 776.08, specified aggravated stalking and abuse crimes, specified lewd or lascivious offenses, escape, and felony chapter 790 firearm offenses. “Forcible felony” does not mean any forcible entry.

The current qualifying offense must have been committed on or after October 1, 1995, during a qualifying sentence or supervision, or within the statutory five-year period measured from the relevant conviction or release, whichever is later. Counted priors must satisfy the separate-sentencing requirement of subsection (5); required pardoned or vacated convictions cannot be used as specified in the law. Foreign-jurisdiction offenses must meet the definition of a qualified offense. Ordinary juvenile delinquency adjudications are not the required adult convictions.

Hearing and Sentencing

The court must follow the notice, hearing, evidence, and findings procedures. Counsel can contest the identity, qualifying nature, sequencing, and timing of the prior convictions and the current offense. A criminal-history count alone is insufficient.

When VCC sentencing applies, section 775.084(4)(d) provides life for a first-degree or life felony, 30 to 40 years for a second-degree felony, and 10 to 15 years for a third-degree felony. The court may decline VCC sentencing when it makes the statutorily required finding that it is not necessary for protection of the public. Other mandatory sentencing provisions may still apply. A “life felony” is a particular classification, not a synonym for every felony punishable by life.

Registration Is a Separate Statutory Question

Section 775.261 defines career offenders by specified designations, including habitual violent felony offender, violent career criminal, three-time violent felony offender, and prison releasee reoffender, together with the statute’s other applicability requirements. Ordinary HFO status or any three felony convictions does not by itself establish this registration duty. Reporting duties, deadlines, and potential relief must be assessed under the current law and the person’s actual designation.

Contact Our Miami Criminal Defense Attorney

Like many of Florida’s criminal statutes, the statute defining a violent career criminal and the procedures related to being declared is complex and require specific facts and evidence. An experienced criminal attorney can assess the state prosecutor’s reasons for seeking the violent career criminal designation and determine whether the qualifications have been met based on a defendant’s criminal history. For instance, the state prosecutor must establish the felony occurred within the appropriate timeframe or that out of state convictions are substantially similar to the Florida convictions falling under the statute.

An attorney can represent a defendant at a proceeding to declare him or her a violent career criminal. There the attorney can object to the state prosecutor’s evidence, cross-examine witnesses, and introduce evidence on behalf of the defendant. In certain cases, the criminal court has discretion in making a violent career criminal determination and an experienced attorney can point out when that discretion should be applied.

If you are a defendant facing charges and have previously been convicted of one or more felonies it is important that you seek legal representation. Failing to do so could result in substantially more prison time. The team at Valiente Law is experienced with all aspects of criminal law and can help guide you to the best possible outcome in your case, offering a free initial consultation to better understand your needs.

Contact us for a consultation!