5975 Sunset Dr #502
South Miami, FL 33143
Attorney on call 24/7

Habitual Felony Offenders

Minimum mandatory and enhanced sentences can be one of the biggest hurdles for a defendant to overcome when he is charged with a serious felony offense.  These types of mandatory sentences and enhancements create an inherent risk in going to trial for defendants because the minimum or maximum exposure for the defendant’s incarceration is so high.

Therefore, if the State of Florida is attempting to convict you, a friend, or family member, of a crime which could classify the person as a habitual felony offender, you should seek the advice of an experienced criminal defense attorney

Attorney for Habitual Felony Offenders in Miami, FL

If you or someone you know has, unfortunately, received a notice from the state attorney's office that they intend to designate you as a habitual felony offender, it is imperative that you contact an experienced criminal defense attorney who is equipt to fight for your best possible result. Habitual felony offender cases should not be taken lightly.  Depending on the underlying charge, you could be facing a maximum sentence of ten, thirty years, or even life in prison.

Hubbs Law's experienced criminal defense attorney, E.J. Hubbs, will sit down with you and discuss possible motions and legal defenses in your case. 

E.J. Hubbs is “Board Certified” by the Florida Bar in criminal trial law. That means he is one of the few attorneys in Miami, FL, that can testify in court as an “expert” in criminal trial law.  He has handled thousands of serious felony cases in his career with experience as a prosecutor and criminal defense attorney.

Hubbs Law handles all types of felony cases, including habitual felony offender cases, in Miami-Dade County, Hialeah County, North Miami Beach, Miami Shores, Kendall, Doral, Homestead, North Miami, and South Miami, as well as other cities and areas in the Greater Miami Area.

Contact Hubbs Law at (305) 615-5945 immediately to speak with an attorney that will evaluate your case.

Habitual Felony Offender Requirements

Under Florida Statute § 775.084, a habitual felony offender is defined as any person commits:

In addition, the felony for which the defendant will be sentenced, and one of the two prior felony convictions, cannot be a violation of Florida Statute § 893.13 relating to the possession of a controlled substance.

 The court must also ensure that the defendant has not received a pardon or that a qualifying offense has been set aside in a post-conviction motion.

Notice of Habitual Felony Offender

The State of Florida must provide the defendant notice of its intent to seek habitual felony offender sanctions so that the defendant is aware of his or her maximum exposure for prison in the event that there is a trial. This is generally done by the prosecutor personally serving a copy of the notice to the defendant in court.

Consequences of Habitual Felony Offender Sentences

If you were convicted of a felony crime or other qualifying offense, then you are entitled to a hearing to determine whether you can be sentenced as a habitual felony offender.  It is the State of Florida’s burden to prove the sentencing enhancement.

If the State is able to prove that you are a habitual felony offender, then the judge has the discretion to sentence you to the following enhanced maximum sentences:

  1. Third Degree Felony – ten (10) years in prison (rather than five (5) years);
  2. Second Degree Felony – thirty (30) years in prison (rather than fifteen (15) years);
  3. First Degree Felony – Life in prison (rather than thirty (30) years).

As previously stated, these enhanced maximum sentences are completely discretionary, and the judge is not required to sentence a defendant to the maximum sentence.  Also, habitual felony offender designations do not carry minimum mandatory prison sentences.  That means that the judge still has the discretion to sentence you to probation or grant a downward departure on your case below the sentencing guidelines.

Additional Resources

§ 775.084 F.S. -- Visit Online Sunshine, the official website of the Florida Legislature for the full statutory language that outlines the habitual felony offender requirements. Also, find out more information about how the sentences are enhanced by the Statute and to what degree. 

Miami-Dade County Criminal and Traffic Clerk of Court - - Visit the official website of the Miami-Dade County Criminal and Traffic Clerk, created to provide the community with an online resource to help residents and visitors obtain information and conduct business with us. The Website allows an individual to get information on their criminal record or current pending case.

Find an Attorney for Habitual Felony Offenders in Miami-Dade County, FL

If you received notice from the State of Florida that they intend to designate you as a habitual felony offender on your felony case, you should contact Hubbs Law immediately. Habitual felony offender cases should not be taken lightly. Depending on the underlying charge, you could be facing a maximum sentence of ten (10) years, thirty (30) years, or even life in prison.

Criminal Defense Lawyer E.J. Hubbs, will sit down with you and discuss possible motions and legal defenses on your case. 

E.J. Hubbs is “Board Certified” by the Florida Bar in criminal trial law. That means he is one of the few attorneys in Miami, FL, that can testify in court as an “expert” in criminal trial law.  Attorney Hubbs has handled thousands of serious felony cases in his career with experience as a prosecutor and criminal defense attorney.

Hubbs Law handles all types of felony cases, including habitual felony offender cases, in Miami-Dade County, Hialeah, North Miami Beach, Miami Shores, Kendall, Doral, Homestead, North Miami, and South Miami, as well as other cities and areas in the Greater Miami Area.

Call (305) 615-5945 for a free, no obligations, consultation. 

Ask for a Free Case Review

All fields are required.

Visit Our Office

office
5975 Sunset Dr #502
South Miami, FL 33143
Map It

Read Our Blog

blog buttonRead Our Recent Blog Posts

What Happens If I was Arrested and The Officer Never Read Miranda

What Happens If I was Arrested and The Officer Never Read Miranda

Law enforcement officers are required to read an individual his or her Miranda Rights before placing the individual under arrest or placing them in custodial interrogation; however, many Floridians' rights are violated and they are never read Miranda. Learn more about what happens if the officer does not read Miranda[...]

Read more

Negative Consequences of the Pre-Trial Intervention Program and Pre-Trial Diversion Program on Non U.S. Citizens

Negative Consequences of the Pre-Trial Intervention Program and Pre-Trial Diversion Program on Non U.S. Citizens

Pre-trial diversion and pre-trial intervention programs are potential ways to avoid a criminal conviction; however, accepting pre-trial intervention or pre-trial diversion can have detrimental implications for non U.S. citizens. [...]

Read more

Supreme Court Blocks President Obama's Immigration Reform (DAPA and DACA)

Supreme Court Blocks President Obama's Immigration Reform (DAPA and DACA)

In a 4-4 decision the United States Supreme Court affirmed the lower court ruling blocking deferred action immigration reform that would grant lawful status and work authorization to more than 4 million undocumented persons in the U.S. [...]

Read more