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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

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
  • 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
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.

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:

  • 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.
  • Prepare a “Statement in Mitigation” to argue for a reduced sentence, for review by the District Attorney’s Office Strike Committee.
  • 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.
 
Orlando Criminal Defense Law Firm.
1611 N. Main Street
Kissimmee, FL 34744
Orlando, Florida

Email Us: attorney@ffdalaw.com

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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.