VIOLENT FELONY OFFENDERS
SPECIAL CONCERN & DANGEROUSNESS HEARINGS
In 2007 , the Florida legislature promulgated the Anti-Murder Act, the provisions of which are set forth in Fla. Stat. § 948.06(8). Under the Act, a "violent felony offender of special concern" cannot be admitted to bail pending resolution of the probation violation, and cannot receive a sentence that is less than the bottom end of the sentencing guidelines unless the court first makes a determination that the person is not a danger to the community. The hearing at which these issues are resolved as is known as a "Dangerousness Hearing".
A violent felony offender of special concern is a person who is on:
- Felony probation or community control related to the commission of a qualifying offense committed on or after the effective date of this act (March 2007);
- Felony probation or community control for any offense committed on or after the effective date of this, and has previously been convicted of a qualifying offense;
- Felony probation or community control for any offense committed on or after the effective date of this act, and is found to have violated that probation by committing a qualifying offense;
- Felony probation or community control and has previously been found by a court to be a habitual violent felony offender and has committed a qualifying offense on or after the effective date of this act;
- Felony probation or community control and has previously been found to be a three time violent felony offender and has committed a qualifying offenses on or after the effective date of this act;
- Felony probation or community control and has previously been found by a court to be a sexual predator and has committed a qualifying offense on or after the effective date of this act.
Call our St. Petersburg firm now at (888) 258-8049 for knowledgeable, tireless defense.
A qualifying offense under the Anti-Murder Act means any of the following:
- Kidnapping or attempted kidnapping, false imprisonment of a child under the age of 13, or luring or enticing a child;
- Murder or attempted murder, attempted felony murder, or manslaughter;
- Aggravated battery or attempted aggravated battery;
- Sexual battery or attempted sexual battery;
- Lewd or lascivious battery or attempted lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, lewd or lascivious exhibition, or lewd or lascivious exhibition on a computer;
- Robbery or attempted robbery, carjacking or attempted carjacking, or home invasion robbery or attempted home invasion robbery;
- Lewd or lascivious offense upon or in the presence of a disabled person or an attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person;
- Sexual performance by a child or attempted sexual performance by a child;
- Computer pornography, or transmission of child pornography, or selling or buying of minors;
- Poisoning food or water;
- Abuse of a dead human body;
- Any burglary offense or attempted burglary offense that is either a first degree felony or a second degree felony;
- Arson or attempted arson;
- Aggravated assault;
- Aggravated stalking;
- Aircraft piracy;
- Unlawful throwing, placing, or discharging of a destructive device or bomb;
- Any offense committed in another jurisdiction which would be an offense listed in this paragraph if that offense had been committed in this state.
To invoke the provisions of the Anti-Murder Act, the violation of probation must be for something other than the failure to pay fines, costs, or restitution. If, after a dangerousness hearing, the court finds that the violent felony offender is not a danger to the community, the court may revoke, modify, or continue the probation or community control or may place the probationer into community control.
For the tough defense you need against criminal charges, call St. Petersburg criminal defense attorney Donald J. Kilfin, an ex-prosecutor with the experience you need. Call us at (888) 258-8049.
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