Defining Habitual Offender Status For Drug Offenses

Sometimes, when a defendant has been convicted of multiple offenses in the same category, they may acquire the label of a ‘habitual offender.’ Habitual felony offenders in Florida will, as a rule, face notably stiffer sentences if they are convicted again after receiving that status. This is commonly applied to those convicted of drug-related offenses in Florida, given how seriously Florida law enforcement takes these cases. If you have been charged with a drug-related offense for the second, third, or fourth time, you may fear being labelled a habitual offender. The right attorney can help.

Specific Criteria For Status

Habitual offender status is applied to an offender if (1) a person is convicted of at least two felonies within a certain time period; and (2) the second felony must have been committed either while they were incarcerated for the first one, or within five years of release. If it is imposed on a person, they may face longer maximum sentences for any future convictions, as well as any possibility of early release being denied (depending on the specifics of their case).

There are other statuses like this which have punitive characteristics as well, though they are less commonly applied. For example, three-time violent felony offenders (3-VFO) will usually face enhanced penalties if convicted again, and ‘prison release re-offenders’ (PRR) who commit a felony within three years of their release from jail will also be subject to punitive sentencing, up to and including life in prison with no parole.

Some Drug Crimes Exempted

While the habitual offender status can be applied to anyone who fits the criteria, it is important to be aware that some crimes are exempt – that is, they are still criminal offenses, but they are not counted for the purposes of tabulating habitual offenses. The most commonly referenced are the ‘lesser’ drug offenses – “only drug offenses relating to the purchase [or] possession” of controlled substances are exempt, while more serious crimes like sale or trafficking are not.

This is not to say that a person charged with buying or possessing illegal substances will not be tried for the offense. It simply means that the convictions will not go toward establishing someone as a habitual offender. Any drug offense is a serious charge in Florida, given that the state has strict penalties even for first-time offenders.

Contact A West Palm Beach Drug Offenses Attorney

Being labeled a habitual offender can make life more difficult for a person who may be trying their best to ‘go straight.’ If you are in this position, a West Palm Beach drug offenses attorney from Perlet & Shiner, P.A. is ready to try and help you through the pitfalls of the legal process. Call our office today to speak to an attorney.

Source:

caselaw.findlaw.com/court/fl-district-court-of-appeal/1066251.html