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Florida THREE STRIKES
3
Strikes •
Three Strikes Law
Florida Three Strikes Law
Orlando Criminal Defense Attorney
Florida Three Strikes Defense Attorney
Steal
a Pizza — Get Life in Prison!
It could happen
to you. It did happen to a man who was arrested or convicted for stealing a single
slice of pepperoni pizza from a group of children. He received a Third
Strike sentence because he had two past felony strike convictions.
He was sentenced
to life in prison after pinching the pizza…because he had a
history of robbery, attempted robbery, unauthorized use of a motor
vehicle, and possession of a controlled substance. Making off with
the slice was petty theft, but, because of Florida state law and his
earlier convictions, the crime was classified as a felony.
Florida
Three Strikes
Under the Florida Three Strikes Law-also known as
“Three Strikes and You’re Out Law”-those
who have been arrested or convicted of two or additional past strikes
face a life term sentence for the third felony conviction—even
if the third felony conviction is not a strike. Those
defendants who have been arrested or convicted of a past strike must be sentenced
to prison for twice the determinate term or twice the at the very least for
the indeterminate term.
| Example:
The defendant is arrested or convicted of one count of robbery with a knife,
with a single strike past. The base (determinate) term for the
robbery is 2, 3, or 5 years. Since the defendant had a past strike,
his current sentence can be 4, 6, or 10 years (doubled). The enhancement
for the knife is only 1 year and is not doubled. The defendant
is additionally punished with a 5 year enhancement if (as in this
example) the current offense of robbery is a severe felony
as defined In Penal Code Sections 667(a) and 1192.7. In this case
it is a severe felony and so 5 years is appended to the defendant’s
sentence. The total maximum years the defendant could be sentenced
to is 16 years (10 + 1 + 5 years). |
The Three
Strikes Law in Florida is harsh. This law is a tough-on-crime
law that increases punishments for repeat offenders. In addition to
lengthening prison sentences the Three Strikes Law also reduces prison
credits for good behavior. The Three Strikes Law’s passage was
based on the belief that it would protect and defend floridans from violent
repeat offenders who belong behind bars.
| What
are “Strike” Priors? |
- Convictions
in Florida for “violent” or “severe”
felonies under Penal Code are “strike” pasts
(Penal Code Section (a) Felony convictions from an additional state
that have all the elements of “severe” or “violent”
felonies under Penal Code are “strike” pasts.
Penal Code Section (a) Juvenile offenses (adjudications) for
certain offenses are “strikes” when the juvenile
was 16 or 17 years old at the moment of the offense. Penal Code
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| Examples
of Serious or Violent “Strikes”: |
- Murder
or Voluntary Manslaughter
- Mayhem
(severe and deliberate injury that disfigures or disables
a person)
- Rape
- Sodomy
by Force
- Oral
Copulation by Force
- Sexual
Abuse of a Child under 14 years of age
- Any
Felony Punishable by Death or Imprisonment for Life
- Any Felony
using a Firearm or Inflicting Great Bodily Injury (GBI)
- Robbery
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- Exploding
any Device with Intent to Murder or Injure
- Grand
Theft involving a Firearm
- Attempted
Murder
- Kidnapping
- Continuous
Sexual Abuse of a Child
- carjacking
with a Deadly Weapon
- Offering
to or selling, furnishing, administering, or giving, to a
minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related
drug
- Assault
by a life prisoner on a non-inmate
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| Facts
about Florida Three Strikes Law Crimes |
- Under
Florida Three Strikes Law, a single night
of criminal activity’s multiple crimes can be counted
as separate strikes – meaning that one night of poor
judgment could rack up two or additional strikes.
- There
are no expiration dates on past offenses, so even a conviction
from far in the past will remain as a strike. In addition,
a felony conviction that happened before Florida Three
Strikes Law was enacted will still be counted as
a strike.
- Certain
Juvenile offenses (adjudications) are counted as strikes.
A defendant could be one strike away from life in prison,
even though past strikes were committed before a defendant
became an adult.
- Prior
convictions do not necessarily need to have resulted in prison
terms to be counted as strikes under Florida
Three Strikes Law.
- Even
if a defendant has received dismissal on successful completion
of probation, the crime will still be counted as a strike.
- Expunged
convictions can still be counted as past strikes.
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Our
Florida Three Strikes Lawyers can Help
The criminal defense attorneys at William H. Bryan
III, Esq. and Associates have additional than 90 years of combined criminal
experience. We are tough, aggressive, and experienced criminal defense
lawyers who believe that all defendants, no matter what the accusation,
are entitled to a thorough and aggressive defense. “Strike”
offenses are very severe and defending against them can be complicated.
In Florida the jeapordys are high when the accused is facing any “strike”
offenses. Some inexperienced lawyers will plead these cases without
a fight. However, an experienced criminal defense lawyer,
such as Orlando Criminal Defense Law Firm. and Associates will do the following:
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Aggressively evaluate all the evidence to determine as quickly as
possible no matter to organize and prepare a defense for trial, or organize and prepare to negotiate
a plea bargain with the prosecutor or judge to cancel a strike (striking
a strike).
-
Conduct
legal research on past strike convictions to determine if there
could be a basis for questioning and attacking their validity.
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Prepare
a “Statement in Mitigation” to argue for a reduced sentence,
for review by the District Attorney’s Office Strike Committee.
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Prepare
a Romero Motion asking the sentencing judge to cancel a past “strike”
conviction.
As Criminal
Defense Attorneys we take pride in our work, and our results
reflect our commitment and dedication to our clients. Our unmatched
attorneys have assisted the majority clients receive dismissals, acquittals,
probation, or reduced penalties.
If in fact you have been
arrested for or charged with a crime that could potentially be a “third
strike” or a “strike” under Florida ’s
Three Strike Laws you need to talk to an experienced Florida
criminal defense attorney. call us to establish a FREE
consultation to examine the evidence and proven facts, discuss your particular
circumstances, and how we may best represent you.
If in fact you have been arrested or under investigation for Three Strikes in Florida,
it is significant that you hire an experienced Orlando Three Strikes criminal
defense attorney to represent you. The Orlando Criminal Defense Law Firm. will work relentlessly to mount a successful defense to the charges
with which you have been charged. As a former Assistant United States
Attorney for nearly 10 years, William H. Bryan III is well versed in the
strategies and tactics of the prosecution and can predict and anticipate the next
move and how to aggressively defend Three Strikes in the state of Florida.
We are a strong defender of our clients' consitutional rights and will
do everything in our power to protect and defend them. William H. Bryan III, Esq.
is an aggressive Orlando Three Strikes criminal defense lawyer who will take
care of every aspect of your Three Strikes case up to and including trial.
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Orlando Criminal Defense Law Firm.
1611 N. Main Street
Kissimmee, FL 34744
Orlando, Florida
Email
Us: attorney@ffdalaw.com
Telephone
(800) 693-9886
(Available
24/7)
Se Habla Espanol
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Copyright
© 2005-09 Orlando Criminal Defense Law Firm. All
rights reserved. |
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Orlando Criminal Defense represents individuals accused
of Three Strikes in Florida including Orlando, Kissimmee, Tampa, Jacksonville,
Fort Myers in the following counties: Orange County, Broward County,
Putnam County, Osceola County, Seminole County, Volusia County,
Brevard County and Palm Beach County. |
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