What is a Sentencing Enhancement?

In Florida if one has been committed and been charged with a prior criminal offense, and commits another offense. Usually, the prior offenses are felonies. Enhancement may also occur if there has been a relatively short time between offenses.

Types of Sentencing Enhancements

In Florida you can categorize Sentencing Enhancements into 4 categories:

Habitual Felony Offender - The Offender must have been convicted of two or more felonies in the past. The most recent felony was committed within five years of spending time in prison for a previous conviction, or within five years of the date the most recent felony that has been committed, and The felony in question does not fall under Purchase or Possession of a Controlled Substance.

Habitual Violent Felony Offender -The offender has a conviction in the past for conspiring to commit, attempting or actually committing; Aggravated Abuse of the Elderly or Disabled, Aggravated Assault, Aggravated Child Abuse, Aggravated Manslaughter of the Elderly, Disabled or a Child, Aggravated Battery, Aggravated Stalking, Arson, Kidnapping, Murder, Stalking, Robbery, Sexual Battery, and Planting or Building an Explosive Device. The current felony in question has been committed within a five year period of committing another felony, or within five years of the release for committing another felony.

Violent Career Criminal - Offender committed while serving a jail sentence for another felony, or within five years of conviction or being released from a felony conviction, and incarcerated in a state prison, and committed three separate convictions of either: Aggravated Abuse of the Elderly or Disabled, Aggravated Child Abuse, Aggravated Stalking, Escape, Felony Use or Illegal Possession of a Firearm, Forcible Felony, Lewd and Lascivious Conduct.

Prison Releasee Reoffender - Offender must be serving a current sentence, or attempt or commit an offense within three years of your release from prison.