Violent Career Criminal

Three-Time Violent Felony Offender

Under Florida law, the term "Three-Time Violent Felony Offender: a defendant for whom the court must impose a mandatory minimum term of imprisonment, as provided in paragraph §775.084 (4)(c), if it finds that:

The defendant has previously been convicted as an adult two or more times of a felony, or an attempt to commit a felony, and two or more of such convictions were for committing, or attempting to commit, any of the following offenses or combination thereof:

• Carjacking;
• Home invasion/robbery;
• Aggravated stalking;
• Aggravated battery;
• Armed burglary;
• Unlawful throwing, placing, or discharging of a destructive device or bomb;
• Aggravated manslaughter of a child;
• Aggravated manslaughter of an elderly person or disabled adult;
• Arson;
• Robbery;
• Kidnapping;
• Aggravated child abuse;
• Aggravated abuse of an elderly person or disabled adult;
• Aggravated assault with a deadly weapon;
• Sexual battery;
• Manslaughter; and
• Murder.
• An offense which is in violation of a law of any other jurisdiction if the elements of the offense are substantially similar to the elements of any felony offense enumerated in sub-subparagraphs a. – q.; or an attempt to commit any such felony offense.
• The felony for which the defendant is to be sentenced is one of the felonies enumerated in sub-subparagraphs 1.a – q. and was committed:
  • While the defendant was serving a prison sentence or other sentence imposed as a result of a prior conviction for any offense enumerated in sub- subparagraphs 1.a. – r.; or
  • Within five years after the date of the conviction of the last prior offense enumerated in sub- subparagraphs 1.a. - r., or within 5 years after the defendant's release from a prison sentence, probation, community control, or other sentence imposed as a result of a prior conviction for any offense enumerated in sub-subparagraphs 1.a. - r., whichever is later.
• The defendant has not received a pardon on the ground of innocence for any crime that is necessary for the operation of this paragraph.
• A conviction of a crime necessary to the operation of this paragraph has not been set aside in any post-conviction proceeding.

Violent Career Criminal

The term "Violent Career Criminal" is defined as a defendant for whom the court must impose imprisonment pursuant to paragraph §775.084 (4)(d), if it finds that:

• The defendant has previously been convicted as an adult three or more times for an offense in this state or other qualified offense that is:
  • Any forcible felony, as described in s.776.08;
  • Aggravated stalking, as described in s.784.048(3) and (4);
  • Aggravated child abuse, as described in s.827.03(2);
  • Aggravated abuse of an elderly person or disabled adult, as described in s.825.102(2);
  • Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, as described in s.800.04 or s.847.0135(5);
  • Escape, as described in s.944.40; or
• A felony violation of chapter 790 involving the use or possession of a firearm.
• The defendant has been incarcerated in a state prison or a federal prison.
• The primary felony offense for which the defendant is to be sentenced is a felony enumerated in subparagraph 1. and was committed on or after October 1, 1995, and:
  • While the defendant was serving a prison sentence or other sentence, or court-ordered or lawfully imposed supervision that is imposed as a result of a prior conviction for an enumerated felony; or
  • Within 5 years after the conviction of the last prior enumerated felony, or within five years after the defendant's release from a prison sentence, probation, community control, control release, conditional release, parole, or court-ordered or lawfully imposed supervision or other sentence that is imposed as a result of a prior conviction for an enumerated felony, whichever is later.
• The defendant has not received a pardon for any felony or other qualified offense that is necessary for the operation of this paragraph.
• A conviction of a felony or other qualified offense necessary to the operation of this paragraph has not been set aside in any post-conviction proceeding.
• Qualified Offense: any offense, substantially similar in elements and penalties to an offense in this state, which is in violation of a law of any other jurisdiction, whether that of another state, the District of Columbia, the United States or any possession or territory thereof, or any foreign jurisdiction, that was punishable under the law of such jurisdiction at the time of its commission by the defendant by death or imprisonment exceeding 1 year.
• For the purposes of this section, the placing of a person on probation or community control without an adjudication of guilt shall be treated as a prior conviction.

Additional Resources

• National Domestic Violence Hotline– The Domestic Violence Hotline was founded from a grant from the Administration on Children, Youth, and Families and the U.S. Department of Health and Human Services.  Find information on a domestic violence hotline that can be reached 24 hours a day 7 days a week by phone call, text, or chat.
• Miami-Dade County State Attorney’s Office- the Miami-Dade State Attorney’s Office prosecutes individuals who are charged with crimes related to domestic violence.
• Florida Courts- Find information on filing an injunction for protection against domestic violence.
• Department of Children and Families (DCF)- get domestic violence information from the Department of Children and Families who is the Florida agency tasked with protecting children in domestic violence situations.  DCF has a domestic violence hotline that can be used 24/7.
• Miami-Dade Clerk of Court- find information on filing an injunction for protection against domestic violence in Miami-Dade County.