More FAQs on Criminal Defense Strategies

Florida Prison Releasee Reoffender

The same philosophy that guided the creation of Florida’s career criminal laws was also at work when the Florida Prison Releasee Reoffender statute was drafted. Basically, the Prison Releasee Reoffender law enhances the penalties for serious felonies when they are committed by a person who has recently been released from prison. In addition to making the penalties for a crime more severe when committed by a Florida Prison Releasee Reoffender, the statute also forecloses any possibility of early release from imprisonment. In other words, 100 percent of the court-imposed sentence must be served. This prospect is made all the more sobering by the fact that Florida Prison Releasee Reoffender mandatory minimums range from a low of 5 years all the way up to a mandatory sentence of life in state prison.

If you are facing a felony charge that is enhanced under the Prison Releasee Reoffender Statute, call our office for a free consultation at (727) 578-0303

Do I Meet the Florida Prison Releasee Reoffender Criteria?

1.) Are you charged with committing or attempting to commit:

Treason
Murder
Manslaughter
Sexual battery
Carjacking
Home-invasion robbery
Robbery
Arson
Kidnapping
Aggravated assault w/deadly weapon
Aggravated battery
Aggravated stalking
Aircraft piracy
Unlawful throw/place/discharge of a destructive device or bomb
Any felony involving use or threat of physical force or violence against an individual
Armed burglary
Burglary of an occupied structure or dwelling
Any felony violation of § 790.07, § 800.04, § 827.03, or § 827.071

2.) Is the new charge in (1) above, within 3 years of your release from a state correctional facility operated by DOC or a private vendor?

3.) Is the new charge in (1) above, filed while you were serving a prison sentence or on escape status?

SENTENCING CONSEQUENCES

IF (1) & (2) or (1) & (3) are satisfied THEN:

a felony punishable by life is enhanced to minimum mandatory life imprisonment.

a 1st degree felony is enhanced to minimum mandatory 30 years imprisonment.

a 2nd degree felony is enhanced to minimum mandatory 15 years imprisonment.

a 3rd degree felony is enhanced to minimum mandatory 5 years imprisonment.

Release is only available upon expiration of the full sentence; no eligibility for parole, control release, or any form of early release. 100 percent of the court-imposed sentence must be served.

If authorized by law, the court may impose a greater sentence of incarceration then that specified above.

We Can Help

We are former state prosecutors and experienced Pinellas County criminal defense attorneys who can help. If you have a pending criminal charge arising out of the St. Petersburg / Clearwater area, call our office for a Free Consultation. (727) 578-0303

Important notice: Given frequent legislative changes in this area of the law and the unique nature of each case, readers are urged not to rely solely on graphs or charts. You are advised to review Florida Statute Section 775.082 and to consult with an experienced attorney. Retaining an attorney promptly after arrest can sometimes be beneficial with respect to Prison Releasee Reoffender ramifications. Your attorney may be able to persuade the prosecutor that the facts and circumstances of your case warrant special consideration. This could result in a decision by the State not to file formal charges that would otherwise trigger the harsh mandatory sentencing called for under the Prison Releasee Reoffender Statute.