What is Florida's Three Strikes Law

Is There a Three Strikes Law in Florida?

Yes. Florida's is the three-time violent felony offender law at Florida Statute 775.084. Section 775.084(1)(c) applies when a defendant has two or more prior adult convictions for the violent felonies that paragraph lists and then commits another one of them, either while serving a sentence for a listed offense or within five years of the last conviction or release, whichever is later. When it applies, section 775.084(4)(c) requires the judge to impose a mandatory minimum term: life for a felony punishable by life, 30 years for a first-degree felony, 15 years for a second-degree felony, and 5 years for a third-degree felony.

Florida's three strikes law is routinely confused with 10-20-Life, which is a different statute. 10-20-Life is Florida Statute 775.087(2). It turns on a firearm rather than on prior convictions, and it reaches a defendant with no record at all. The two can apply in the same case, but they are not the same law and they do not use the same list of offenses.

Florida's maximum sentences by felony degree, set by Florida Statute 775.082, are:

• Third-degree felony - up to 5 years
• Second-degree felony - up to 15 years
• First-degree felony - up to 30 years, or up to life where the statute defining the offense says so
• Life felony - life, or a term of years not exceeding life
• Capital felony - death or life without parole under Florida Statute 775.082(1), decided at a separate penalty phase. See our page on the Florida death penalty

A conviction does not automatically bring the maximum. What the three strikes law changes is the floor. Under Florida Statute 775.084(4)(c) the judge loses the discretion to sentence below the mandatory minimum for that degree of felony.

10-20-Life works differently, and the numbers in its name are not a first, second and third conviction. Under Florida Statute 775.087(2)(a), actually possessing a firearm or destructive device during one of the felonies that paragraph lists carries a 10-year minimum, discharging it carries 20 years, and discharging it and causing death or great bodily harm carries 25 years to life. All three apply within a single case.

Which Crimes Count as a Strike in Florida?

Only the felonies listed in Florida Statute 775.084(1)(c)1. count toward a strike: arson, sexual battery, robbery, kidnapping, aggravated child abuse, aggravated abuse of an elderly person or disabled adult, aggravated assault with a deadly weapon, murder, manslaughter, aggravated manslaughter of an elderly person or disabled adult, aggravated manslaughter of a child, unlawful throwing, placing or discharging of a destructive device or bomb, armed burglary, aggravated battery, aggravated stalking, home invasion robbery, and carjacking. An attempt to commit any of them counts, and so does an out-of-state conviction whose elements are substantially similar.

Two things have to line up. The prior convictions must be for offenses on that list, and the new offense must be on the same list. Section 775.084(5) adds that a prior felony counts only if it was sentenced separately and before the current offense. So if you have a prior grand theft conviction and are now charged with robbery, the three-time violent felony offender sentence does not apply, because grand theft is not one of the enumerated offenses.

The 10-20-Life list at Florida Statute 775.087(2)(a)1. is separate and not identical. It covers murder, sexual battery, robbery, burglary, arson, aggravated battery, kidnapping, escape, aircraft piracy, aggravated child abuse, aggravated abuse of an elderly person or disabled adult, throwing or discharging a destructive device or bomb, carjacking, home-invasion robbery, aggravated stalking, drug trafficking under section 893.135(1), possession of a firearm by a felon, and human trafficking. Aggravated assault is not on it. Chapter 2016-7, Laws of Florida, struck aggravated assault from section 775.087, so an aggravated assault conviction carries no 10-20-Life mandatory minimum.

What Happens When You Hit Three Strikes?

If you have two prior convictions for offenses on the section 775.084(1)(c)1. list and you are convicted of another one, the judge must impose the mandatory minimum for that degree of felony under Florida Statute 775.084(4)(c): life for a felony punishable by life, 30 years for a first-degree felony, 15 years for a second-degree felony, 5 years for a third-degree felony. Section 775.084(4)(k)3. adds that for an offense committed on or after July 1, 1999, a defendant sentenced as a three-time violent felony offender is released only at the expiration of the sentence, with no parole, control release or any other form of early release.

The enhancement is not automatic. The state attorney has to pursue it, and section 775.084(3)(b) requires a separate proceeding with a presentence investigation, written notice to you and your lawyer, and findings made by a preponderance of the evidence in open court.

Your prior convictions generally stay out of the guilt phase and come in at sentencing. That leaves real work to do before then, and in these cases much of it is aimed at the qualifying facts rather than at the verdict: whether the priors are the offenses the state says they are, whether the five-year window in section 775.084(1)(c)2.b. is actually met, and whether the current charge can be resolved as an offense that is not on the list.

How a Criminal Defense Attorney Can Help

A private criminal defense lawyer can provide the time and resources it takes to win a serious felony case. Here are some of the services that Weinstein Legal Team criminal defense team can provide.

• Act as an intermediary between you and the state attorney.
• Review the probable cause against you for procedural errors that could lead to a motion to suppress or even an acquittal.
• Depose all witnesses to your case, including the police officers and investigators.
• Negotiate with the prosecutor for a lighter charge. This is particularly effective when the police stretch the charge for maximum sentencing.
• Participate in jury selection should your case go to trial.
• Defend you in a criminal court.

The primary job of a criminal defense attorney is to raise reasonable doubt.

Frequently Asked Questions About Florida's Three Strikes Law

We recognize how concerning it is to face a crime that qualifies under the three strikes law. Here are some of the most commonly asked questions we hear regarding 10-20-Life crimes.

Does it matter whether or not I used a gun?

It depends which law you mean. A gun is not required for the three strikes law: Florida Statute 775.084 counts prior convictions, not weapons, so if you are accused of kidnapping and it is your third listed violent felony, section 775.084(4)(c) applies whether or not a gun was involved.

A gun is required for 10-20-Life. Florida Statute 775.087(2)(a) applies only where the person actually possessed a firearm or destructive device during the offense, and section 775.087(4) defines that possession as carrying it on the person, or having it within immediate physical reach with ready access and with the intent to use it during the offense.

Why shouldn't I use a public defender for a 10-20-Life crime?

While the attorneys who work for Florida public defender's offices tend to be diligent and dedicated attorneys, they are often overloaded with cases. Consequently, they do not have the time or resources to give your case the proper review. When the stakes are this high, you want an established criminal defense lawyer on your side.

South and Central Florida Felony Crime Attorney

Weinstein Legal Team defends felony cases across South and Central Florida, including cases where the state has filed notice of a three-time violent felony offender or 10-20-Life enhancement. Every case turns on its own facts, and no result in one case predicts the result in another. With three offices in South and Central Florida, there is likely one near you. Contact one of these three locations for full representation:

Fort Lauderdale law office

Orlando law office

West Palm Beach law office