HVFO (Habitual Violent Felony Offender)
What is the HVFO (Habitual Violent Felony Offender) Statute?
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HVFO means Habitual Violent Felony Offender.
HVFO (habitual violent felony offender) statute was written by the Legislature as a way to increase maximum punishment where a Defendant meets certain criteria. Click here to see some of the top Google Searches for habitual violent felony offender.
To qualify under HVFO (habitual violent felony offender) the Florida Statute lays out the following guidelines:
(b) “Habitual violent felony offender” means a defendant for whom the court may impose an extended term of imprisonment, as provided in paragraph (4)(b), if it finds that:
- The defendant has previously been convicted of a felony or an attempt or conspiracy to commit a felony and one or more of such convictions was for:]
- Sexual battery
- Aggravated child abuse
- Aggravated abuse of an elderly person or disabled adult
- Aggravated assault with a deadly weapon
- 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
- Aggravated stalking
- The felony for which the defendant is to be sentenced was committed:
- While the defendant was serving a prison sentence or other sentence, or court-ordered or lawfully imposed supervision that is imposed as a result of a prior conviction for an enumerated felony;
- Within 5 years of the date of the conviction of the last prior enumerated felony, or within 5 years of the defendant’s release from a prison sentence, probation, community control, control release, conditional release, parole, or court-ordered or lawfully imposed supervision or other sentence that is imposed as a result of a prior conviction for an enumerated felony, whichever is later.
- The defendant has not received a pardon on the ground of innocence for any crime that is necessary for the operation of this paragraph.
- A conviction of a crime necessary to the operation of this paragraph has not been set aside in any postconviction proceeding.
Punishment under HVFO sets certain minimum mandatory sentences for different offense levels when they are charged under HVFO (habitual violent felony offender):
1. For a case of a life felony or a felony of the first degree, for life, and such offender shall not be eligible for release for 15 years.
2. In the case of a felony of the second degree, for a term of years not exceeding 30, and such offender shall not be eligible for release for 10 years.
3. A case of a felony of the third degree, for a term of years not exceeding 10, and such offender shall not be eligible for release for 5 years.
Is HVFO (habitual violent felony offender) mandatory?
HVFO is NOT fully mandatory. Specifically, if you qualify under HVFO , the State doesn’t have to file for HVFO. However notice the mandatory language in the language once HVFO is filed and you leave punishment up to the judge (e.g. “shall not be eligible for release for…”).
Whenever HVFO is being used you need to be incredibly careful about hiring the right lawyer. It’s important to have an experienced Orlando Criminal Lawyer to fight for you.