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Habitual Felony Offender Helping Good People Through Difficult Situations

Habitual Felony Offenders

Recidivist Sentencing attorney in St. Petersburg

Where a person qualifies as a habitual felony offender, the court may sentence that person to a period of incarceration that is up to twice the otherwise applicable statutory maximum for that particular offense. For example, Aggravated Assault is a third degree felony, punishable by up to five years in state prison (as all third degree felonies in the state of Florida are). If the court determines that the person is a habitual felony offender, the court may sentence him or her to a period of incarceration, for the Aggravated Assault charge, that is up to ten years - not five. For a second degree felony, which is punishable by up to fifteen years, the court may sentence the habitual felony offender to a period of incarceration up to thirty years. For a first degree felony, which is punishable by up to thirty years in prison (unless the offense statute specifically states that it is punishable by life), for a prison term up to life.

A not so obvious take away from the HFO provisions is that they increase only the top end of the guideline range (the statutory maximum), not the bottom end (offense specific ranking). 10-20-Life, by contrast, does both (i.e. where the charged felony does not include the use or possession of a weapon or firearm as an essential element of the offense but the defendant uses or possesses a weapon or firearm regardless); under 10-20-Life the offense is reclassified (which increases the statutory maximum) and re-ranked (which increases the minimum guideline score). If a court decides to sentence an HFO in accordance with HFO provisions, the sentencing guidelines do not apply and therefore, there is no mandatory "bottom end". 

Unlike the PRR statute, and the 10-20-Life statute, the court has discretion to either sentence the HFO in accordance with the provisions of the HFO statute or not. The court may elect not to sentence the HFO accordingly if the court finds that it is not necessary for the protection of the public.

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    Never have I been in a situation where I felt so helpless, but Mr. Kilfin changed that. He was kind, caring and considerate. Three things I never expected from a lawyer. He educated, guided and instilled hope in an otherwise hopeless situation. He made himself available when others wouldn't. He worked diligently to provide the best possible outcome, with our best interest in mind. He was fair, genuine and extremely insightful. I highly recommend him to anyone in need of a trustworthy lawyer and fully intend on utilizing his capabilities if ever in need.
    - Happy client
    "The Best of The Best. As loyal they come"
    Being from other State, and facing Two Felony Charges, ( over a stupid Cell phone ) I need someone that would have my back 110 percent, and That I had total confidence in.( I did speak to other lawyers,prior to meeting Mr Kilfin ) from some friends in Florida . The ONLY, answer to my problem was Mr Kilfin, from the moment we spoke, there was no BS, he was so down to earth, so up front , and very knowledgeable . Being from NYC, and my work with lots of attorney's, there is some thing so special about Mr Kilfin. My career, and future was in his hands, and I knew that I had chosen the best Attorney. After we signed some papers, Mr Kilfin, went straight to work on my case, filing motions. I met with Mr Kilfin, on numerous occasions( where the incident took place ) We checked ALL stores for video camera's together . Mr Kilfin, was always apologizing to me !!! for the situation I was in. There was not one time, MR Kilfin, did not return my calls, or text. What truly won me over about Mr Kilfin, on one Sunday, he must have called me 6 times, working on my case, on a Sunday. ! Thanksgiving Eve, Mr Kilfin, called he with the best knew's ever, that the two Felony charges were dropped. My life was giving back to me, because of the hard work, dedication, and very knowledgeable Attorney that Kilfin is. I am forever ever great full, " Donnie " ( Mr Kilfin ) . Thank You , so much ! Your a amazing Attorney, but more important, a great human being. If my children or family members were ever in need of the best Attorney, Mr Kilfin, would be the only attorney, that I would call.
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    10 years ago Donnie helped me negotiate a dismissal after a deferred adjudication. Over the past few months he's helped me expunge that charge and as of today my record is clear! Donnie knows what he is doing. You want him on your side.
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