If you are facing a new criminal charge in Florida and have prior convictions on your record, those past cases can directly shape what happens to you now. Florida law gives prosecutors and judges the authority to use your criminal history against you, and in many situations, a prior conviction can increase the charges you face, the sentence you receive, and even eliminate options like diversion or probation.
At The Wiseman Law Firm, we know how much is at stake when your past is brought into a current case. Attorney Simon Wiseman is a former state prosecutor who has tried over a hundred cases in Orange County courts and has spent more than 21 years defending clients against serious criminal charges in Florida. That background gives him a clear picture of how the State of Florida uses prior convictions and how to challenge that approach when possible.
How Florida Uses Prior Convictions at Sentencing
Florida operates on a points-based sentencing system, and prior convictions feed directly into that calculation. When you are sentenced for a new offense, the court uses a scoresheet that assigns points based on the severity of your current charge and your prior record. The more significant your past convictions, the higher your score, and the higher your score, the greater the likelihood that you face prison time rather than probation or another alternative.
Prior convictions can also trigger enhanced penalties under Florida’s habitual offender laws. Under Florida Statute § 775.084, a defendant with two or more prior felony convictions may be classified as a habitual felony offender, which allows the court to impose sentences well beyond the standard statutory maximum. For violent offenses, the thresholds are even more severe, with designations like habitual violent felony offender or violent career criminal carrying mandatory minimum terms and restricted eligibility for early release.
What Counts as a Prior Conviction in Florida
It is important to understand that Florida casts a wide net when determining what qualifies as a prior conviction. A prior felony conviction from another state or federal court can count under Florida’s enhanced sentencing statutes, provided the offense would have been a felony if committed in Florida.
Additionally, misdemeanor convictions are not entirely off the table. Certain patterns of misdemeanor convictions can result in a reclassification of a current misdemeanor charge to a felony. Even a prior case where adjudication was withheld may be treated as a prior conviction for purposes of enhancement in some circumstances.
The Impact on Plea Negotiations and Diversion
Prior convictions affect more than just your sentence. They also shape what a prosecutor may be willing to offer during plea negotiations. A defendant with a clean record is far more likely to be offered reduced charges, a diversion program, or a plea to a lesser offense than someone who has prior convictions, particularly for similar crimes.
If probation was part of a previous sentence and that term has not been fully discharged, a new arrest can trigger a probation violation proceeding alongside the new charge. That means you could be facing penalties from both the current case and the prior one at the same time, significantly compounding your exposure.
Building a Defense When You Have a Prior Record
Having prior convictions does not mean a strong defense is out of reach. An experienced criminal defense attorney may challenge whether prior convictions were properly obtained, whether they were from qualifying jurisdictions, or whether the State of Florida has met the procedural requirements for pursuing habitual offender status. In some cases, prior convictions may be set aside or found insufficient to support enhancement, which can dramatically change the outcome of a current case.
The key is having an attorney who knows how the State of Florida builds these arguments and how to dismantle them. Attorney Wiseman spent years on the prosecution side in criminal defense cases and understands firsthand the tactics used to leverage a defendant’s record. That knowledge is now directed entirely toward protecting his clients.
Contact The Wiseman Law Firm for Experienced Representation Today
At The Wiseman Law Firm, we bring more than a quarter century of trial-tested experience to every case we take. Attorney Wiseman is known by clients and peers alike for his aggressive approach, honest counsel, and dedication to results. We make ourselves available 24 hours a day because we know that criminal charges do not follow business hours.
If you are facing new charges and have prior convictions on your record, the time to act is now. Contact us today to discuss your situation and learn how we may be able to help you move forward.