There are a handful of ways that the criminal justice system in Florida tries to prevent criminals from reoffending, one of the most efficient ways being the “Three Strikes Law.” This law enhances penalties for those who have committed multiple felonies. Our Jacksonville defense attorney is very familiar with this law and laws similar to this one. Read below to learn more about the potential defenses available to people facing severe consequences for repeated crime.
Understanding the Three Strikes Law
Florida’s Three Strikes Law is designed to give harsher sentences to individuals who have been previously convicted of two or more serious criminal offenses. This law aims to keep habitual offenders off the streets and reduce the likelihood of repeat offenses. Under this statute, a person convicted of a third qualifying felony can face a significantly increased sentence, up to life in prison without the possibility of parole.
Jacksonville Defense Attorney Reviews Qualifying Felonies
It is important to note that not all felonies trigger the Three Strikes Law. The law primarily targets serious offenses, including but not limited to:
- Violent crimes (i.e., murder, manslaughter, robbery)
- Sexual offenses (i.e., rape, sexual assault)
- Certain drug offenses
- Burglary and other serious property crimes
Each conviction must meet specific criteria to be considered a “strike.” For example, the prior convictions must have been committed separately. Also, the sentences that were served must have been sequential.
Impact on Sentencing
If a person is labeled as a “habitual felony offender” they will receive harsher punishments. It will also depend on the degree of felony they’re convicted of. For a third-degree felony, he/she can be sentenced up to 10 years of imprisonment instead of the typical 5 years. For a second-degree felony, one could face 30 years instead of 15. And, for first-degree felonies, one could face life sentences without the possibility of parole.
Legal Defenses Against the Three Strikes Law
Legal representation is vital for anyone facing a potential third strike. Our Jacksonville defense attorney explains a few possible defense strategies that are summarized below.
- Challenging Prior Convictions: We want to review prior convictions to see if any were unjust or obtained without proper legal representation. If this is the case, they might be invalidated and, therefore, giving us the ability to remove one or more strikes.
- Disputing the Current Charge: Building a strong defense against any current charges is crucial. If the charges can be reduced to a lesser offense, it may not qualify as a strike under the law.
- Negotiating Plea Bargains: Just as disputing the current charge, in some cases, we can negotiate a plea deal to a lesser charge. Again, potentially reducing the charge to a level that doesn’t count as a strike.
- Arguing for Sentencing Alternatives: Presenting mitigating factors, such as the defendant’s personal circumstances, rehabilitation efforts, or lack of violent history, might persuade the court to consider alternative sentencing options.
- Constitutional Challenges: A last option, which is the most challenging, is arguing that the application of the Three Strikes Law constitutes as cruel and unusual punishment.
Hire An Experienced Jacksonville Defense Lawyer
Florida’s Three Strikes Law serves as a strong preventive measure against habitual offenders, yet it creates many legal and ethical questions about fairness and justice. If someone is subjected to such severe effects of this law, it is important to comprehend your liberties and the possibilities of a defense.
As an experienced Jacksonville defense attorney, it is our job to understand the workings of the law, and come up with a strong defense plan to make sure that our client gets the best result possible. Contact our team of experts today to review the details of your case.