Florida Sentencing Enhancements (HFO, PRR, HVFO, 10-20-Life) 

In the State of Florida, when people who have prior criminal convictions are arrested for new charges, the prosecutors review their history to see if they can seek sentencing enhancements. This can have a tremendous effect on your criminal case as it can affect what, if any, offer you get, as well as whether a minimum mandatory sentence applies. That is why it is so important to hire an experienced attorney immediately when arrested. Hire Bryan Caughey at Caughey Law and get an experienced and dedicated attorney who not only knows what sentencing enhancements the prosecutors might seek on your case, but how to fight against those potential enhancements as well. Some of the most common sentencing enhancements are:

Habitual Felony Offender (HFO) §775.084(1)(a)
A person can be classified as a habitual felony offender, or HFO, if the court finds that:

1. The person has been previously convicted of a combination of two (2) or more felonies or qualified offenses AND
2. That the current felony the person is going to be sentenced for was committed:
   a.  while the offender was in prison for a prior felony conviction or other qualified offense or
   b.  within five years of the date of the last prior felony conviction or other qualified offense or 
   c. within five years of release from prison, probation, community control or other lawful commitment for a prior felony conviction or other qualified offense. 
3.  And the current felony the person is to be sentenced for and one of the two prior convictions does not fall under Section 893.13, Florida Statutes (Purchase or possession of a controlled substance) AND
4. The person has not received a pardon for either felony or other qualified offense that the State is using to seek HFO AND
5. The convictions of the prior felonies or other qualified offense that the State is using to seek HFO have not been set aside in any post-conviction proceeding.

If the Court finds that a person is a Habitual Felony Offender, then the Judge has discretion on whether to actually sentence them as a Habitual Felony Offender. If the Judge chooses to sentence someone as an HFO, then they can sentence a person to the following:

• For a Life Felony of a 1st Degree Felony, the court can sentence a person up to Life in prison. 
• For a 2nd Degree felony, the court can sentence a person up to 30 years in Prison. 
• For a 3rd Degree Felony, the court can sentence a person up to 10 years in prison

Prison Releasee Reoffender (PRR) §775.082(9)(a)
 

When a prosecutor seeks to have a person classified as a Prison Releasee Reoffender, the court must find only two (2) things:

1. While serving a sentence of imprisonment, while on escape status, or within three years of release from prison,
2. A person attempted or committed any of the following offenses:
   a. Aggravated Battery 
   b. Aggravated Assault with a deadly weapon
   c. Aggravated Stalking
   d. Burglary of an Occupied Structure or Dwelling
   e. Armed Burglary
   f. Arson
   g. Robbery 
   h. Carjacking
   i. Home-Invasion Robbery
   j. Kidnapping
   k. Manslaughter
   l. Murder
   m. Aircraft Piracy
   n. Sexual Battery
   o. Unlawful throwing, placing, or discharging of a Destructive Device or Bomb
   p. Treason
   q. Any felony involving use or threat of physical force/violence
   r. Any felony violation of §790.07 (Using a weapon/firearm during the commission of a Felony), §800.04 (Lewd and Lascivious Offenses), §827.03 (Child Abuse), §827.071 (Sexual Performance by a child/Child pornography) or §847.0135(5) (certain computer transmissions). 

If the prosecutor proves to the Court these two things by a preponderance of the evidence (meaning more likely than not or greater weight), then a Court has NO discretion and MUST sentence a person to the following:
a. For a felony punishable by life, by a term of imprisonment for life;
b. For a felony of the first degree, by a term of imprisonment of 30 years;
c. For a felony of the second degree, by a term of imprisonment of 15 years; and
d. For a felony of the third degree, by a term of imprisonment of 5 years.

Unlike other sentencing enhancements, a PRR sentence is a MANDATORY sentence. Additionally, a person who is sentenced as a PRR is not eligible for parole, conditional release, or any form of early release from prison. A person who is sentenced as a PRR must serve 100% of their sentence and is not eligible for any gain time. 

Habitual Violent Felony Offender (HVFO) §775.084(1)(b)

A person can be classified as a Habitual Violent Felony Offender, or HVFO, if the court finds that:

1. A person has been previously convicted of a felony (or an attempt or conspiracy to commit a felony); 
2. That one or more of the prior felony convictions was for:
   a. Arson;
   b. Sexual battery;
   c. Robbery;
   d. Kidnapping;
   e. Aggravated child abuse;
   f. Aggravated abuse of an elderly person or disabled adult;
   g. Aggravated assault with a deadly weapon;
   h. Murder;
   i. Manslaughter;
   j. Aggravated manslaughter of an elderly person or disabled adult;
   k. Aggravated manslaughter of a child;
   l. Unlawful throwing, placing, or discharging of a destructive device or bomb;
   m. Armed burglary;
   n. Aggravated battery; or
   o. Aggravated stalking.
3. That the current felony the person is going to be sentenced for was committed:
   a. while the offender was in prison for a prior felony conviction or other qualified offense or
   b. within five years of the date of the last prior felony conviction or other qualified offense or 
   c. within five years of release from prison, probation, community control or other lawful commitment for a prior felony conviction or other qualified offense. 
4. The person has not received a pardon for either felony or other qualified offense that the State is using to seek HVFO AND
5. The convictions of the prior felonies or other qualified offense that the State is using to seek HVFO have not been set aside in any post conviction proceeding.

If the Court finds that a person is a Habitual Violent Felony Offender, then the Judge has discretion on whether to actually sentence them as a Habitual Violent Felony Offender. If the Judge chooses to sentence someone as an HVFO, then they can sentence a person to the following:

1. In the case of a life felony or a felony of the first degree, the court can sentence a person up to life in prison, and such person shall not be eligible for release for 15 years.
2. In the case of a felony of the second degree, the court can sentence a person up to 30 years in prison, and such person shall not be eligible for release for 10 years.
3. In the case of a felony of the third degree, the court can sentence a person up to 10 years in prison, and such person shall not be eligible for release for 5 years.

10-20-Life and other Firearm Enhancements §775.087

In the State of Florida, if a firearm or weapon is alleged to have been used during the commission of certain crimes, the prosecutors can seek to have more severe sentences imposed. 

For example, if the State alleges that a person used a firearm or weapon during the commission of a felony, and during that felony, a person displays, carries, uses, threatens to use, or attempts to use that weapon or firearm, the felony that the person is charged with can be upgraded to a more severe felony. For instance, 

• In the case of a felony of the first degree, to a life felony. 
• In the case of a felony of the second degree, to a felony of the first degree. 
• In the case of a felony of the third degree, to a felony of the second degree.
• Additionally, Florida has what is known as 10-20-life. The 10-20-Life law essentially means that if a person is convicted of a certain enumerated offense (listed below), and during that offense a person

1. possessed a firearm or
2. possessed and discharged a firearm or
3. possessed, discharged and caused death or great bodily harm

Then a Court MUST sentence that person to certain minimum mandatory sentences. Those minimum sentences are 10 years in prison (possession), 20 years in prison (possession/discharge) and 25 years to Life in prison (Possession/Discharge/injury).

If Sentenced with a 10-20-Life enhancement, a person is not entitled to any statutory gain-time, parole, conditional release or any form of early release until the minimum mandatory imprisonment term is completed. 
The enumerated offenses that qualify for 10-20-Life are:
a. Murder;
b. Sexual battery;
c. Robbery;
d. Burglary;
e. Arson;
f. Aggravated battery;
g. Kidnapping;
h. Escape;
i. Aircraft piracy;
j. Aggravated child abuse;
k. Aggravated abuse of an elderly person or disabled adult;
l. Unlawful throwing, placing, or discharging of a destructive device or bomb;
m. Carjacking;
n. Home-invasion robbery;
o. Aggravated stalking;
p. Trafficking in cannabis, trafficking in cocaine, capital importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs, trafficking in phencyclidine, capital importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital importation of amphetamine, trafficking in flunitrazepam, trafficking in gamma-hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol, trafficking in Phenethylamines, or other violation of s. 893.135(1); or
q. Possession of a firearm by a felon
Burglary of a Conveyance and Possession of a Firearm by a Felon have a 3 year minimum prison sentence for possessing a firearm instead of a 10 year prison sentence. 

If you believe your case may qualify for one of the above enhancements, contact us right away for a free consultation to discuss your case and defense strategy.