In Florida, there is a sentencing enhancement commonly abbreviated as PRRP, which stands for "prison releasee reoffender." Prosecutors call this the "perp" enhancement.
This enhancement states that if you have gone to prison, and within three years of the date of your release, you have been arrested and charged with any of the following qualifying offenses, you will face severe mandatory minimum sentences.
As a prison releasee reoffender, you will face the following mandatory minimums:
1) Third-degree felony (normally a maximum of five years in prison): Five-year mandatory sentence as a PRRP.
2) Second-degree felony (normally a maximum of five years in prison): Fifteen-year mandatory sentence as a PRRP.
3) First-degree felony (normally a maximum of thirty years in prison): Thirty-year mandatory sentence as a PRRP.
4) First punishable by life and Life felonies (normally thirty years to life with no minimum mandatory sentence): Mandatory life sentence as a PRRP.
Just to refresh your knowledge, a mandatory minimum sentence is a day-for-day sentence. You do not get fifteen-percent of your sentence reduced by gain time. If sentenced to fifteen years as a PRRP you will serve fifteen years in prison. The judges have no discretion in PRRP sentencing. In order to negotiate something less than the mandatory minimum, a criminal defense attorney skilled in dealing with these sensitive cases will have to work to convince the prosecutor to agree to a lower sentence. Otherwise, these cases often go to trial.
If you get re-arrested within three years of being released from prison, you are not automatically a PRRP. Some crimes, namely drug crimes and grand theft will not designate you a PRRP.
Most violent felonies will, however. Aggravated assault with a firearm or deadly weapon, aggravated battery, aggravated child abuse, aggravated stalking, sexual battery, arson, murder, kidnapping, manslaughter, armed burglary, robbery, throwing a destructive device/bomb, home-invasion robbery, burglary of an occupied structure, burglary of a dwelling, aircraft piracy, carjacking, treason, lewd and lascivious assault, sex performance by a child, felony with a weapon, and all felonies and involve use or threat of physical force or violence.
As a former Miami-Dade Assistant State Attorney, I dealt with, and often went to trial on, countless prison releasee reoffender cases. As a criminal defense attorney who practices exclusively in Miami and Broward, I understand the delicate issues involving these clients.
For one, there is usually a very high bond set for prison releasee reoffenders. This too depends on what the accused is charged with, but if the accused is charged with a bondable offense and a bond is set at first appearance, the accused will often find themselves taken back into custody at their arraignment as the State Attorney's Office will almost always seek to increase the bond. Talk to me about how to avoid being taken into custody at arraignment.
Also, these cases take a great deal of work on the part of the criminal defense lawyer. This is because the criminal attorney must work hard to get the accused out from under the mandatory sentence. This takes great patience and dilligence. This can be frustrating to the client and his or her family especially if the accused is in jail.
Prison releasee reoffender cases require the assistance of a criminal attorney who understands the way the Miami-Dade and Broward State Attorney's Offices work, especially their "career criminal" units. I have worked with both and have a keen understanding of Florida's enhancements, as well as how to defend against them.
Call me today to discuss these matters in greater detail.