Two strikes and you're out!

You have always heard the phrase “Strike Three -You’re Out”, but in Florida certain criminal acts don’t afford you such a luxury. In certain cases, you don’t get a third swing. After two strikes, you’re out!

If a person commits a new crime within three years of their release from a prison, they can be subject to harsher sentences. In Florida, the Prison Releasee Reoffender Punishment Act, Florida Statue 775.082(9), provides for persons incarcerated in the Florida Department of Corrections to serve one hundred percent of their new sentence, with no allowance for good and gain time for certain offenses.

Those certain specified offenses are: treason, murder, manslaughter, sexual battery, carjacking, home-invasion, robbery, arson, kidnapping, aggravated assault with a deadly weapon, aggravated battery, aggravated stalking, aircraft piracy, unlawful throwing, placing, or discharging of a destructive device or bomb; any felony that involves the use or threat of physical force or violence against an individual, armed burglary, burglary of an occupied structure or dwelling, or any felony violation of Florida Statutes 790.07, s. 800.04, s. 827.03, or s. 827.071.

Under this law, a person found guilty of these crimes is not eligible for sentencing under the sentencing guidelines and must be sentenced to the maximum: For a felony punishable by life, by a term of imprisonment for life; For a felony of the first degree, by a term of imprisonment of 30 years; For a felony of the second degree, by a term of imprisonment of 15 years; and For a felony of the third degree, by a term of imprisonment of 5 years.

Maxed out with no “gain time” for being good. So think twice before you get involved in a second felony within three years of being released from a correctional institution. You won’t get a third shot.

And in case the Florida Legislator has not given you enough incentive for you to stay out of trouble, here is the kicker:

Florida Statue 775.082 (9)(c)(3) states, “Nothing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law.” In other words, when legal, they can give you more than the maximum sentence.

Should you find yourself or a loved one in such a situation please contact the Orlando criminal attorneys at Longwell Lawyers. We have experienced attorneys who know how to help you.

Categories: Criminal Law, Articles