Habitual Offender

Habitual Offender Lawyer Daytona Beach, Florida

If you have prior criminal convictions and are facing new criminal charges before the court, you may be classified as a habitual offender. This habitual classification may result in harsher penalties. “Habitual felony offender” as defined in the Florida Statute 775.084 is a defendant for whom the court may impose an extended term of imprisonment, if it finds that:

1.  The defendant has previously been convicted of any combination of two or more felonies in this state or other qualified offenses.

2.  The felony for which the defendant is to be sentenced was committed while the defendant was service a prison sentence or other sentence that was imposed as a result of a prior conviction for a felony or other qualified offense or within 5 years of the date of the conviction of the defendant’s last prior felony or other qualified offense, or within 5 years of the defendant’s release from a prison sentence, probation, community control or parole that is imposed as a result of a prior conviction for a felony or other qualified offense.

3.  The felony for which the defendant is to be sentenced, and one of the two prior felony convictions is not a violation relating to the purchase or the possession of a controlled substance.

4.  The defendant has not received a pardon for any felony or other qualified offense that is necessary for the operation of this paragraph.

5.  A conviction of a felony or other qualified offense necessary to the operation of this paragraph has not been set aside in any proceeding.

It is important to note, however, that pursuant to the Supreme Court ruling inMcKnight v. State, 616 So.2d 31(1993), the trial judge has the discretion to place an habitual felony offender on probation as opposed to a harsher sentence.

The rules of Habitual Offender status can be very complex. It is important to have an experienced defense attorney on your side. Kip Miller has years of experience defending clients who have had more than one conviction. Trust his experience to work for you.