1. Enhanced Penalties for Repeat Offenders
In Florida, having prior convictions can significantly increase the severity of penalties for new offenses. The state uses prior convictions to impose enhanced sentencing on repeat offenders to deter recidivism.
- For many crimes, especially felonies, Florida’s laws include habitual offender statutes.
- If a person is convicted of certain crimes more than once, they may face longer prison terms or mandatory minimum sentences. For more information please visit DUI Defense
2. Habitual Offender Laws
Florida’s habitual offender laws allow courts to impose stricter penalties based on the offender’s criminal history:
- Habitual Felony Offender (HFO): If a person has two or more prior felony convictions, the court may sentence them to an extended term (up to life imprisonment in some cases) for a new felony conviction.
- Violent Habitual Felony Offender (VHFO): For those with previous violent felony convictions, sentencing can be even harsher.
- Habitual Misdemeanor Offender: For repeat misdemeanants, Florida also has provisions to impose enhanced penalties.
3. Impact on Sentencing
- Prior convictions are often considered aggravating factors during sentencing.
- Judges may use prior offenses to justify imposing a sentence at the upper end of the sentencing guidelines or beyond.
- In some cases, habitual offender status can eliminate options like probation or community control, mandating prison time.
4. Exceptions & Expungements
- Certain prior convictions might be sealed or expunged after a waiting period, which can remove them from consideration for future offenses.
- However, not all crimes qualify for expungement, especially serious or violent felonies.
5. Examples of Repeat Offense Impact
- DUI (Driving Under the Influence): Florida treats second and third DUI offenses more severely, with escalating fines, jail time, and license suspensions.
- Drug Offenses: Repeat drug possession or trafficking convictions trigger longer mandatory sentences.
- Property Crimes: Repeat burglary or theft convictions can lead to felony charges with enhanced sentences.
