CAREER CRIMINAL AND SENTENCING
You may have heard the term “repeat felony offender” however most people may not know exactly what the term means or how that specific classification can have a significant effect on sentencing.
This blog will explore the definition of a career criminal, the possible sentencing they face, and what may happen when they are caught once again committing a crime and are convicted.
Career felony criminals can be broken down into multiple categories, they are: HABITUAL FELONY OFFENDERS (HTO); HABITUAL VIOLENT FELONY OFFENDERS (HVFO); THREE-TIME VIOLENT FELONY OFFENDERS (VFO); and VIOLENT CAREER CRIMINALS (VCC).
A HABITUAL FELONY OFFENDER is someone who has been convicted of any combination of two or more felonies in this state prior to their current conviction. If convicted of the current charge the court may impose an extended term of imprisonment. In the case of a life felony or a felony of the first degree, you can be sentenced to life. In the case of a felony of the second degree, you can be sentenced to a term not exceeding 30 years. In the case of a felony of the third degree, you can be sentenced to a term not exceeding 10 years.
A HABITUAL VIOLENT FELONY OFFENDER is someone who has be convicted prior to the current charge of a felony or an attempt or conspiracy to commit a felony and one or more of the prior convictions was for: Arson; Sexual battery; Robbery; Kidnapping; Aggravated child abuse; Aggravated abuse of an elderly person or disabled adult; Aggravated assault with a deadly weapon; Murder; Manslaughter; Aggravated manslaughter of an elderly person or disabled adult; Aggravated manslaughter of a child; Unlawful throwing, placing, or discharging of a destructive device or bomb; Armed burglary; Aggravated battery; or Aggravated stalking.
If convicted of the current charge the court may impose an extended term of imprisonment. In the case of a life felony or a felony of the first degree, you can be sentence to life, and such offender shall not be eligible for release for 15 years. In the case of a felony of the second degree, you can be sentenced to a term not exceeding 30 years, and such offender shall not be eligible for release for 10 years. In the case of a felony of the third degree, you can be sentenced to exceed 10 years, and such offender shall not be eligible for release for 5 years.
A THREE-TIME VIOLENT FELONY OFFENDER is someone who has been convicted as an adult three or more times for an offense in this state or other qualified offense that is: Any forcible felony; Aggravated stalking; Aggravated child abuse; Aggravated abuse of an elderly person or disabled adult; Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition; Escape; or a felony involving the use or possession of a firearm.
If convicted of the current charge the court may impose an extended term of imprisonment. In the case of a felony punishable by life, to a life sentence. In the case of a felony of the first degree, a sentence of 30 years. In the case of a felony of the second degree, a sentence of 15 years. In the case of a felony of the third degree, a sentence of 5 years. Nothing prevents a court from imposing a greater sentence of incarceration as authorized by law.
A VIOLENT CAREER CRIMINAL is someone who has been previously convicted as an adult three or more times for an offense in this state or other qualified offense that is any Forcible Felony: Aggravated stalking; Aggravated child abuse; Aggravated abuse of an elderly person or disabled adult; Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition; Escape; or a felony violation involving the use or possession of a firearm.
If convicted of the current charge the court may impose an extended term of imprisonment. In the case of a life felony or a felony of the first degree, a life sentence. In the case of a felony of the second degree, a sentence not exceeding 40 years, with a mandatory minimum sentence of 30 years’ imprisonment. In the case of a felony of the third degree, a sentence not exceeding 15 years, with a mandatory minimum sentence of 10 years’ imprisonment.
If you have been arrested on a felony charge and have other prior felony convictions, you may need to discuss this with your defense attorney so that you understand what additional penalties you may face if convicted and sentenced.
This blog is intended for informational purposes only. The content contained in this blog is not intended to be nor shall be considered legal advice. Should you have any questions concerning the content of this blog please contact Venessa Bornost, PA at 727-205-8707.