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,
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.