Florida’s Three-Strikes Law: What You Need to Know

While three-strikes laws have existed in some capacity since the 1950s in the United States, most of them were implemented in the 1990s. This is when Florida implemented these rules, which are designed to prevent recidivism in the criminal justice system. Whether they succeed is a question that is much debated, but it doesn’t change the fact that Florida’s three-strikes laws can have a significant impact on the sentence that you receive if you are charged with a crime.

If you have previously been convicted of multiple felonies, the three-strikes law in Florida could potentially send you to prison for much longer than you expect. Here is what you need to know about this law if you are in such a situation.

How Florida’s Three-Strikes Law Works

Key Facts to Know

The three-strikes law in Florida can increase the minimum sentence that you receive after a felony conviction when you meet certain requirements. While there is a federal three-strikes law that applies if you are convicted of a federal crime, the Florida version of this law is different and applies when you are facing a felony in a state courtroom.

According to this law, the general penalties for first-, second-, or third-degree penalties change when you meet all of these prerequisites:

• You have previously been convicted of at least two felonies.
• You were convicted for committing a crime within five years of being released from prison.
• The offense you were convicted of is a felony under Florida law.

When all three of these facts are true, the mandatory penalties for a conviction can increase. This is important because the Criminal Punishment Code mandates that judges must follow all sentencing guidelines when assigning penalties to someone convicted of a crime.

In this scenario, the sentencing guidelines change to the following:

• Third-Degree Felony: From up to five years in prison to up to 10 years without parole
• Second-Degree Felony: From up to 15 years in prison to up to 30 years without parole
• First-Degree Felony: From up to 30 years in prison to life imprisonment without parole.

In addition to the increased length of prison sentences, the key change that comes with a three-strikes violation is that you can never be eligible for parole.

 

When Florida’s Three-Strikes Law Doesn’t Apply

Just because you have previously been convicted of several felonies doesn’t mean the three-strikes law will apply to your case. For example, if you are charged with a misdemeanor offense, the three-strikes law generally doesn’t apply, even though you may have two or more past felony convictions.

A judge might impose the harshest penalty the law allows for a misdemeanor conviction because of your record, but the guidelines for that maximum penalty should not change otherwise. Also, if the crime you are charged with having committed occurred more than five years after you were released from prison, this law won’t apply.

Finally, if you are acquitted, these sentencing guidelines are moot. You can’t be penalized if a jury finds that you aren’t guilty of a crime.

Are you a repeat offender facing felony charges in Florida? Under the three-strikes law, you could spend decades in prison without any chance for parole. Contact Taracks & Associates at 813-281-2897 today to schedule a free consultation and case evaluation to discuss how our attorneys may be able to help you avoid this penalty.

How a Criminal Defense Lawyer Can Help You Avoid the Three-Strikes Law in Florida

If you are a repeat offender who has been charged with another felony in Florida, it’s vital to contact a criminal defense lawyer at Taracks & Associates right away. While three-strikes laws don’t give judges a great deal of flexibility when assigning penalties, that doesn’t mean there is no way to fight them.

Our criminal defense attorneys can use every tactic possible to prevent you from being sentenced under these laws. Take a closer look at some of the potential defenses we may use.

Plea Deals

One of the best ways to prevent the three-strikes law from applying is by negotiating a plea deal that avoids this law in the first place. For example, if you are charged with a third-degree felony, we may be able to negotiate a plea agreement where you instead plead guilty to one or more misdemeanor offenses. While this often guarantees that you will spend time in jail, it can remove the possibility of a prison sentence without the option for parole.

If you are facing a first- or second-degree felony, unfortunately, reducing the charges to a misdemeanor may be less likely. It can happen if the prosecution has a weak case or the judge tosses out critical evidence for procedural reasons. Usually, though, you can only negotiate for a lesser felony. Still, there is a big difference between 30 years in prison compared to a lifetime.

Acquittal

Going to trial can be a gamble. Juries are hard to predict, even though your attorney has a say in who is part of the jury. All it takes is one juror who sees things slightly differently than expected for you to face a result that neither side foresaw. However, this can potentially also work out in your favor.

Even if it seems like you are sure to be found guilty, there is always a chance that you can be acquitted. Our Florida criminal defense lawyers never give up on a case. We have extensive courtroom experience and can present the most powerful argument possible. When it is enough, an acquittal can protect you from the consequences of three-strikes laws in Florida.

Protect Your Future by Calling a Criminal Defense Attorney in Florida

The Right Attorney Can Make All the Difference

Florida has one of the harshest three-strikes laws in the country. If you are a repeat offender, it’s essential not to face this law without seasoned legal help in your corner.

The criminal defense lawyers at Taracks & Associates can use every legal option possible to keep you from suffering the consequences of Florida’s three-strike regulations. Contact us at 813-281-2897 to schedule a free consultation today.