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?

By design, the law seeks to target violent and habitual felony offenders. Violent felonies include offenses such as:

• Robbery
• Murder
• Assault
• Sexual battery
• Manslaughter
• Aggravated child abuse

A judge can only assign the mandatory minimum sentence if the violent felony history requirements 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 drop in crime, much of this is attributable to a national decline in crime that actually started before Florida’s law went into effect. From 1994 to 1990, which is before 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 only declined 13%.

Though Florida’s three strikes law passed with overwhelming support when it was first enacted, it continues to be controversial and comes with 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 does help keep repeat, violent offenders off the streets—at least theoretically. While it’s true that “Three Strikes” rules have not had an appreciable effect on overall crime rates, there have still been convictions in that have directly targeted the larger problem of recidivism. This goes a long way towards keeping communities across the state as safe as possible.

However, the story of Florida’s “Three Strikes” law unfortunately does not end there. The two biggest disadvantages are money and perspective. Offenders are being put into very expensive facilities for very long periods of time, which ends up costing taxpayers in the state millions of dollars.

In 2021, crime in Florida dropped to a record 50-year low.  It has long been established that crime increases and decreases for incredibly complex reasons. Assuming that a single policy like the “Three Strikes” law was 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 takes the emphasis off of more important social and economic forces that contribute to increases in crime, which would be much more effective challenges to address in the long-term.

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

The criminal defense attorneys of Metcalf Falls know the law can be 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 reduces 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.