Explaining Florida’s Three Strikes Law: How It Works and Its Implications

According to the latest data from the Bureau of Justice Statistics, the average rate of repeat offenders among released prisoners shows that at least half of citizens released from incarceration will recidivate in some way. The data also revealed that 68% of the 400,000+ released prisoners studied were arrested again within three years.

It was with statistics like these in mind that three strikes laws, also commonly referred to as “Three Strikes and You’re Out” laws, were enacted across the country beginning in the early 1990s.

What is the Three Strikes Law?

Florida’s “Three Strikes” law (also known as the 10-20-Life law) is outlined in Florida Statute 775.087. When a repeat violent offender commits a third crime after their initial release, a severe prison sentence for the third felony conviction becomes mandatory.

Florida’s law is also notable for severe penalties for even second offenses depending on the severity of the crime. If a felon uses a gun to commit a crime on a second offense, for example, they will serve at least ten years in prison.

If that gun was actually fired during the crime, the sentence increases to 20 years. If the gun was fired and a victim was shot, the sentence increases to 25 years to life. These are all in addition to the professional consequences that someone might receive.

What Is a Repeat Offender?

To be considered a repeat offender and face the higher penalties of the three strikes law, the following criteria must be met:

• The person must have been convicted of two previous violent felonies on separate occasions
• The third offense must be a violent felony
• The third offense must have been committed within 5 of another conviction
• The individual must not have received any pardon

What Is a Violent Felony?

In Florida, the term “violent felony” has a specific legal meaning. These offenses involve the use, or threatened use, of physical force, or they result in serious bodily harm. The law is designed to single out violent and habitual felony offenders for harsher penalties, including mandatory minimum sentences in some instances.

• Robbery: Taking property from another person through force, violence, assault, or intimidation.
• Murder: The unlawful killing of another human being, whether intentional or committed during certain felonies.
• Assault: An intentional threat combined with the ability to carry it out, creating a well-founded fear of imminent violence.
• Sexual battery: Non-consensual sexual contact involving physical force, coercion, or incapacity of the victim.
• Manslaughter: Causing another person’s death through culpable negligence or reckless behavior, even without intent.
• Aggravated child abuse: Intentionally causing serious bodily injury, torture, or cruel punishment to a child.

A judge can only assign the mandatory minimum sentence if the requirements for a violent felony history have been met.

How Effective Is the Three Strikes Law?

According to a study conducted by the University of Florida, the state’s “Three Strikes” law hasn’t been nearly as effective as officials likely hoped it would be. While it is true that Florida has experienced a decline in crime, much of this is attributable to a national trend that actually began before Florida’s law took effect. From 1990 to 1994, which is after the law was passed, crime across Florida declined by 16%. In the years immediately after the law went into effect, from 2000 to 2004, crime rates decreased by only 13%.

Although Florida’s three-strikes law was passed with overwhelming support when it was first enacted, it remains controversial and comes with both pros and cons.

The Pros and Cons of the Three Strikes Law for Floridians

The biggest advantage of the “Three Strikes” law for Florida residents is that it helps keep repeat, violent offenders off the streets—at least in theory. While these laws haven’t shown a major impact on overall crime rates, they have led to convictions that specifically address the problem of recidivism. This can contribute to safer communities across the state.

Financial Costs of Long-Term Incarceration

However, the story doesn’t end with public safety. One of the most significant downsides of Florida’s “Three Strikes” law is the financial burden. Housing offenders in high-security facilities for decades is extremely expensive, and the cumulative effect costs Florida taxpayers millions of dollars.

Oversimplifying Complex Crime Trends

In 2021, crime in Florida dropped to a record 50-year low.  It has long been established that crime rates increase and decrease for incredibly complex reasons. Assuming that a single policy, such as the “Three Strikes” law, is overwhelmingly effective (or even ineffective), oversimplifies the situation.

While it may be a temporary “Band-Aid” on a problem, it is not in and of itself a solution. It shifts the emphasis away from more significant social and economic forces that contribute to crime increases, which would be more effective long-term challenges to address.

Call Metcalf Falls Today for Help Navigating Florida’s Three Strikes Law

The criminal defense attorneys of Metcalf Falls understand that the law can be complex and confusing. We also know how severely the three-strikes law can affect your case and change your life if convicted. That’s why we’ll fight fiercely to get your charges reduced or dismissed to protect you from harsh mandatory minimums.

If you have questions about the three strikes law or need help fighting criminal charges, call 813-258-4800 today or contact us to schedule a free consultation.