276) What is a Violent Career Criminal / VCC in FL? ~
Автор: #HaberPA / Michael A. Haber, Esq.
Загружено: 2018-10-11
Просмотров: 114
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Thank you for asking me “What is a Violent Career Criminal / VCC?”
In FL certain repeat offenders are exposed to enhanced penalties when it comes to sentencing, and one such category is the Violent Career Criminal , or a VCC.
In order to be designated and held accountable as a VCC you have to first be placed on proper and timely notice by the State (they do this by filing a Notice to Seek Sentencing Enhancement as a VCC) then the court must conduct a inquiry and determine that you meet the criteria.
Under FL Statute 775.084 (1)(d) you’re eligible for designation as a Violent Career Criminal and enhanced sentencing IF the court finds that 1) You have previous convictions for 3 or more specific enumerated crimes, 2) you have actually been to prison before, 3) the current felony for which you face sentencing is also an enumerated offense that, 4) the current must’ve been committed on or after 10/01/95 and 5) the current felony was committed within 5 years of the date of conviction or release from one of your enumerated offenses.
If you’re formally designated as a VCC then under FL Statute 775.084 (4)(d), 3rd degree felonies are punishable by 15 years (instead of 5), 2nd degree felonies are punishable by 40 years (instead of 15) and 1st degree felonies are punishable by life (instead of 30 years).
VCC designation doesn’t mandate enhanced sentencing, the Judge has discretion to impose enhancements or not and you remain eligible for gain time while serving a state prison sentence; but if you’re labeled a VCC then you are ineligible for early release for the 1st 10 years of a 3rd degree felony sentence, the 1st 30 years of a 2nd degree felony sentence and for life in the case of a 1st degree felony sentence.
Thank you for your question. I appreciate your having asked it. Please remember that at #HaberPA it’s all about reasonable doubt!
At Michael A. Haber, PA "it's all about reasonable doubt"!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
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