Legally Reviewed By:
Brian P. Gabriel, Esquire

If you are facing a significant criminal charge in Florida, you will need help defending your rights, especially if you have been convicted of a serious crime in the past. Do not attempt to face the severe or even lifelong penalties of Florida’s three-strikes law alone. Work with a criminal defense lawyer you know will be diligent in protecting your rights. Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel has dedicated his career to defending the rights of people accused of crimes for over 30 years and will handle your case using all the knowledge and skill developed over the span of his career.
What Types of Crimes Are Subject to Florida’s Three Strikes Law?
Florida’s three strikes law is commonly referred to as the 10-20-Life law. Outlined in Florida Statute 775.087, the law states that felony convictions must come with a minimum sentence of 10 years, 20 years, 25 years, or life in prison for certain crimes. The crimes subject to Florida’s three strikes law are violent offenses and include the following:
- Aggravated battery
- Aggravated child abuse
- Aggravated stalking
- Arson
- Assault
- Home invasion robbery
- Kidnapping
- Murder
- Robbery
- Sexual battery
In order for an accused criminal to be subjected to the elevated penalties of Florida’s three strikes law, they must first be identified as a habitual offender. In Florida, a habitual offender is someone who meets the following criteria:
- They have been convicted of two or more violent felonies
- Their violent felony convictions must be at least two separate instances
- They are currently facing charges for a violent felony crime
- The crime they are currently facing charges for must have occurred within five years of serving time for a previous felony conviction
- They have not been pardoned for a violent felony crime in the past
Once the above elements have been proven, the individual will be labeled as a habitual offender and the judge will be obligated to allocate the mandatory minimum sentence. Suppose you have been accused of any of the crimes subject to Florida’s three strikes law. In that case, you will need qualified legal representation to defend your case as any strike against you will put you another step closer to a life behind bars.
Fight to Keep a Strike Off Your Record with a Skilled Florida Criminal Defense Attorney
The penalties that come with violent felony convictions are severe in Florida, so it is imperative that you work with a skilled criminal defense attorney if you have been arrested for any violent felony crime. Whether this is your first time facing a criminal charge or your third, Criminal Defense Attorney Brian Gabriel will protect your rights. Mr. Gabriel can conduct a thorough evaluation of your situation and establish the most effective defense strategy to benefit your case.
Start with a free consultation today with Criminal Defense Attorney Brian Gabriel. You can also complete an online contact form to learn more.
Frequently Asked Questions About Florida’s Three Strikes Law
What is Florida’s 10-20-Life law?
It’s the common name for Florida’s habitual offender sentencing scheme under Florida Statute 775.087, which sets mandatory minimum sentences of 10, 20, 25 years, or life for certain repeat violent felony convictions.
How many prior convictions does it take to be labeled a habitual offender?
Generally, two or more prior violent felony convictions from separate instances, combined with a current violent felony charge occurring within five years of release from a prior sentence.
Can a judge use discretion once someone is labeled a habitual offender?
Once the statutory elements are proven, the judge is generally obligated to impose the mandatory minimum sentence, which is why challenging whether those elements are actually met is so important.
Does a pardon affect habitual offender status?
Yes. A prior pardon for a violent felony can be relevant to whether someone qualifies as a habitual offender, which is one of several factors an attorney reviews closely.
Why does it matter which specific crime I’m charged with under this law?
The 10-20-Life law applies to a specific list of violent offenses, so whether your current or prior charges actually fall within that list is one of the first things your attorney will need to evaluate.



