A number of states, including Florida, have some kind of “three strikes” law. These laws typically require those who are convicted of a crime after two previous felony convictions to receive a harsher sentence than if they didn’t have a record.
They’re intended to discourage people from becoming “repeat offenders” and to make sure those who do – particularly those who are found guilty of committing violent crimes – get an “extended term of imprisonment,” as Florida’s law states.
More about Florida’s “three strikes” law
One group identified under the law is “habitual felony offenders.” If someone is convicted of an offense covered by the law who has two prior convictions for felonies and “other qualified offenses” within the last five years, their situation falls under the three strikes law.
This law also applies to those who have been released from prison or ended other court-mandated conditions (like probation) within the last five years. Note that those convicted of conspiracy offenses related to these felony crimes can also be subject to the sentencing requirements of this law.
The consequences can be even harsher for a “habitual violent felony offender.” These are people who have previously been convicted of offenses including arson, aggravated abuse of a child, senior or disabled person, some theft crimes and of course manslaughter and murder. A “three-time violent felony offender” is subject to a mandatory minimum sentence.
If someone is at risk of being sentenced under the three strikes law if they’re convicted or plead guilty to an offense, they and their attorney must be advised of that in writing in “sufficient time prior to the entry of a plea or prior to the imposition of sentence in order to allow the preparation of a submission on behalf of the defendant.”
There’s also a federal “three strikes” law
The federal government has its own “three strikes” law. This law includes minimum mandatory sentences for those convicted for a third serious offense. For example, there’s a mandatory life sentence for those convicted in federal court of a “serious violent felony” if they have at least two prior convictions (by either a state or federal court) and at least one of those is a “serious violent felony.”
If you’re facing a serious criminal charge (state or federal) after you’ve previously pled or been found guilty of two previous offenses, you could be looking at a lengthy prison sentence if you fall under one of these laws. That’s just one reason why it’s crucial to get experienced legal guidance as soon as possible to work to protect your rights and your future.