Florida’s Three Strikes Law: How It Works
Introduction
Florida’s Three Strikes Law imposes harsher penalties on repeat felony offenders, leading to longer prison sentencesor life imprisonment for those convicted of multiple serious crimes. This law is designed to target habitual violent offenders, but it can also apply to individuals who may not deserve such extreme sentences.
This guide explains how Florida’s Three Strikes Law works, who qualifies as a repeat offender, and what defenses may be available.
What Is Florida’s Three Strikes Law?
Under Florida law, the Three Strikes rule enhances sentencing for repeat felony offenders. If a person is convicted of three or more serious felonies, they can face mandatory life imprisonment without parole.
The law primarily applies to violent felony offenses, including:
- Murder
- Manslaughter
- Armed robbery
- Sexual battery (rape)
- Kidnapping
- Aggravated assault or aggravated battery
- Carjacking
- Home invasion
- Burglary with assault or battery
Even if the third felony offense would normally carry a shorter sentence, a defendant with two prior qualifying felony convictions may receive a life sentence under the Three Strikes Law.
Who Qualifies as a “Habitual Violent Offender”?
Florida law classifies repeat offenders under different categories, including:
Habitual Felony Offender (HFO)
A person is considered a Habitual Felony Offender if:
- They have two or more prior felony convictions
- The felonies occurred within five years of each other
- The new offense is a third-degree felony or higher
Habitual Violent Felony Offender (HVFO)
A person may be labeled a Habitual Violent Felony Offender if:
- They were previously convicted of a violent felony
- They commit another violent felony within five years of release
- The crime is one of the offenses listed under the Three Strikes Law
Prison Release Reoffender (PRR)
A defendant may receive automatic maximum sentencing if they:
- Commit a new felony within three years of release from prison
- The new offense is a violent crime
Penalties Under the Three Strikes Law
When a person qualifies as a three-strike offender, they face significantly increased penalties, including:
- Life imprisonment without parole for a third violent felony
- Mandatory minimum sentences for habitual offenders
- Double the normal sentence for certain crimes if classified as a Habitual Violent Felony Offender
For example, a third-degree felony (which normally carries up to five years in prison) can be enhanced to 10 years if the defendant qualifies under the Three Strikes Law.
Criticism of the Three Strikes Law
While the law is designed to punish career criminals, critics argue that it unfairly punishes non-violent offenders and limits judicial discretion. Some individuals receive life sentences for non-violent felonies, such as burglary or drug-related offenses, simply because they had prior felony convictions.
Additionally, the law does not consider rehabilitation, meaning offenders who have reformed may still face extreme sentences.
Defenses Against a Three Strikes Sentence
A criminal defense attorney may be able to challenge a Three Strikes sentence using several legal defenses:
Challenging the Prior Convictions
If one or more of the previous convictions were improperly obtained, they may be excluded from the Three Strikes calculation.
Demonstrating the Current Crime Is Not a “Strike”
Not all felonies qualify under the Three Strikes Law. An attorney may argue that the new offense does not meet the violent felony criteria.
Filing for Post-Conviction Relief
In some cases, a motion for sentence reduction or appeal may be an option, especially if the sentence is disproportionate to the crime committed.
Negotiating a Plea Deal
Prosecutors may be willing to drop the Three Strikes enhancement in exchange for a guilty plea to a lesser charge. This can help avoid mandatory life imprisonment.
What to Do If You Are Facing a Three Strikes Sentence
If you or a loved one is charged with a felony and could be sentenced under the Three Strikes Law, it is critical to act fast.
- Do not speak to law enforcement without a lawyer
- Contact a criminal defense attorney immediately
- Gather information about prior convictions to determine eligibility for sentencing enhancements
- Explore all possible defenses to avoid a life sentence
A strong legal defense may help reduce charges or prevent a Three Strikes enhancement.
How a Criminal Defense Attorney Can Help
A skilled defense attorney can:
- Challenge previous convictions that contribute to a Three Strikes sentence
- Argue that the current offense does not qualify as a “strike”
- Negotiate with prosecutors for lesser charges
- File post-conviction motions to reduce sentencing
At Bonderud Law, we have successfully defended clients facing habitual offender and Three Strikes charges. If you or a loved one is at risk of a life sentence under Florida’s Three Strikes Law, contact us today for a consultation.
Conclusion
Florida’s Three Strikes Law imposes harsh penalties on repeat offenders, often leading to life imprisonment without parole. However, not all felony offenses qualify, and there may be legal options to challenge the sentencing enhancement.
If you or someone you know is facing sentencing under the Three Strikes Law, consulting with an experienced defense attorney is the best way to fight for a fair and just outcome.
