Felony Crimes Category Archives — Clearwater Criminal Lawyer Blog Published by Florida Defense Lawyer — Hanlon Law https://www.criminalattorneyclearwater.net/blog/category/felony-crimes/ Published by Florida Defense Lawyer — Hanlon Law Sat, 27 Jun 2026 15:15:49 +0000 en-US hourly 1 Florida Court Discusses When Prior Convictions Trigger Enhanced Federal Sentences https://www.criminalattorneyclearwater.net/blog/florida-court-discusses-when-prior-convictions-trigger-enhanced-federal-sentences/ Sat, 06 Jun 2026 15:04:53 +0000 https://www.criminalattorneyclearwater.net/blog/?p=1484 Federal firearm prosecutions often involve more than determining whether a defendant unlawfully possessed a weapon. In many cases, the outcome also depends on a defendant’s criminal history and on whether prior convictions satisfy the Armed Career Criminal Act, which can significantly increase the mandatory minimum sentence. . In a recent Florida ruling, the court examined […]

The post Florida Court Discusses When Prior Convictions Trigger Enhanced Federal Sentences appeared first on Clearwater Criminal Lawyer Blog.

]]>

Federal firearm prosecutions often involve more than determining whether a defendant unlawfully possessed a weapon. In many cases, the outcome also depends on a defendant’s criminal history and on whether prior convictions satisfy the Armed Career Criminal Act, which can significantly increase the mandatory minimum sentence. . In a recent Florida ruling, the court examined whether a defendant was entitled to relief after the Supreme Court issued a new ruling on the use of prior convictions to enhance a sentence. If you are facing federal firearm charges or any offense carrying enhanced sentencing consequences, speaking with an experienced Clearwater federal criminal defense attorney as early as possible can help protect your rights and your future.

Case Setting

Allegedly, the defendant was indicted in federal court for possessing a firearm after having previously been convicted of a felony. Because the government believed he had at least three qualifying prior convictions under the Armed Career Criminal Act, the prosecution sought the statute’s enhanced sentencing provisions. During the change-of-plea hearing, the defendant was advised that the enhancement would subject him to a mandatory minimum sentence of 15 years’ imprisonment. After acknowledging that potential penalty, he entered a guilty plea.

Reportedly, before sentencing, the probation office prepared a presentence investigation report identifying four prior convictions that it concluded qualified under the Armed Career Criminal Act. These included two Florida cocaine sale convictions from 1991, a Florida aggravated assault conviction from 1996, and a Florida conviction for possession with intent to sell or deliver a controlled substance from 1998. The defendant objected, arguing that the government had not adequately established that the two 1991 drug offenses occurred on separate occasions.

It is alleged that the district court rejected that argument, concluded the statutory requirements had been satisfied, and imposed the mandatory minimum sentence. The defendant appealed, and the court initially affirmed the conviction and sentence. After the United States Supreme Court vacated that decision and remanded the case for reconsideration in light of a newly issued decision addressing sentencing enhancements, the court conducted further review.

Prior Convictions Under the Armed Career Criminal Act

The court first addressed the impact of the Supreme Court’s decision, recognizing that, under certain circumstances, a jury rather than a judge must determine whether prior convictions occurred on separate occasions before the Armed Career Criminal Act’s enhanced penalties may be imposed. The court explained that this new authority affected only one of the defendant’s appellate arguments, while leaving the remainder of its earlier analysis unchanged. As a result, the court reinstated its prior rulings on the defendant’s remaining claims and focused exclusively on whether the sentencing procedure complied with the new constitutional requirements.

The court next considered the appropriate standard of review. Because the defendant had challenged whether his prior offenses occurred on separate occasions but had not specifically argued in the district court that a jury, rather than a judge, was required to make that determination, the court concluded that only plain error review applied. Under that demanding standard, the defendant was required to establish not only that an error occurred and that the error was obvious under current law, but also that it affected his substantial rights by creating a reasonable probability of a different outcome. The court rejected the argument that the sentencing error automatically required reversal, explaining that similar errors are not considered structural defects requiring a new proceeding.

Applying those principles, the court concluded that the defendant failed to satisfy his burden. Even assuming the two 1991 drug convictions were treated as a single qualifying offense, the defendant still had additional convictions occurring years later, including an aggravated assault conviction in 1996 and a drug trafficking related conviction in 1998. Those offenses occurred years apart, making it highly unlikely that a properly instructed jury would have found they took place on the same occasion.

The court further explained that uncertainty about what a jury might have decided could not satisfy the defendant’s burden under plain error review. Because the defendant could not demonstrate a reasonable probability that the sentencing outcome would have been different, the court affirmed both his conviction and his 15-year sentence.

Speak with a Skilled Clearwater Firearm Crime Defense Attorney About Serious Firearm Charges

If you are under investigation or have been charged with a federal firearm offense or another serious federal crime in the Clearwater area, the experienced Clearwater gun crime defense attorneys at Hanlon Law are prepared to aggressively protect your rights at every stage of the proceedings. Contact Hanlon Law at 727-897-5413 or through our online form to schedule a consultation.

The post Florida Court Discusses When Prior Convictions Trigger Enhanced Federal Sentences appeared first on Clearwater Criminal Lawyer Blog.

]]> 1484 What is a Felony in Florida? https://www.criminalattorneyclearwater.net/blog/what-is-a-felony-in-florida/ Thu, 06 May 2021 13:02:45 +0000 https://www.clearwatercriminallawyer.net/?p=881 Many people are aware that, in Florida, crimes are classified as misdemeanors and felonies. Few people truly understand the ramifications of being charged with or convicted of felony offenses, however. Fortunately, Florida law explicitly explains what constitutes a felony and the potential punishments that may be imposed on people convicted of such offenses. If you […]

The post What is a Felony in Florida? appeared first on Clearwater Criminal Lawyer Blog.

]]> Many people are aware that, in Florida, crimes are classified as misdemeanors and felonies. Few people truly understand the ramifications of being charged with or convicted of felony offenses, however. Fortunately, Florida law explicitly explains what constitutes a felony and the potential punishments that may be imposed on people convicted of such offenses. If you are charged with a felony, it is critical to speak to a skillful Clearwater criminal defense lawyer to evaluate your options and potential defenses.

What is a Felony in Florida?

While all criminal charges deserve attention, felonies are more serious crimes than misdemeanors. In Florida, felonies are classified as life or capital felonies and felonies of the first, second, and third-degree.

Capital felonies are the most serious offenses and are punishable by life in prison without the possibility of parole or the death penalty. First-degree murder is likely the crime that is most commonly charged as a capital felony. The second most serious offenses are life felonies, which are punishable by a fine of up to $15,000 and life imprisonment.

A conviction for a felony of the first degree can result in up to thirty years in prison and fines of up to $10,000. A conviction for a felony of the second degree can result in a fine of up to $10,000 as well, but the prison sentence for such offenses is limited to fifteen years. Felonies of the third degree can result in a penalty of up to five years in prison and fines of up to $5,000.

Sentencing in Cases Involving Felonies

People convicted of felony crimes are sentenced under Florida’s Criminal Punishment Code (CPC), which is often referred to as a score sheet. Pursuant to the CPC, felonies are given numerical values that are based on a ranking system established by the Florida legislature. More serious crimes are given higher rankings, which results in a greater CPC score sheet score.

If the score for a person convicted of a felony is less than 44 points, it is within the court’s discretion as to whether a sentence to a term of imprisonment is appropriate. People who have scores of 44 points or more, however, will be sentenced to imprisonment.

Additionally, the courts take into consideration whether a person who is convicted of a felony has two or more prior felony convictions when determining an appropriate sentence pursuant to Florida Statute § 775.084. Specifically, if the court finds that a person is a “habitual violent offender” as defined by the law, it can impose a greater prison sentence. Only certain felony convictions are taken into consideration under the terms of the law, however.

Speak to a Trusted Criminal Defense Attorney in Clearwater

Felonies are serious crimes that carry significant penalties, but many people charged with such offenses are able to obtain favorable verdicts. If you are charged with a felony, it is smart to speak to an attorney regarding your rights. William Hanlon of Hanlon Law is a trusted Clearwater criminal defense attorney who can develop a plan to help you seek the best legal result possible under the facts of your case. You can reach Mr. Hanlon through the form online or by calling 727-897-5413 to set up a conference.

The post What is a Felony in Florida? appeared first on Clearwater Criminal Lawyer Blog.

]]> 881