PRR-HFO-VCC
PRR-HFO-VCC all refer to sentencing enhancements based upon a person’s prior felony convictions and recency of prior incarceration. If a person is facing these types of sentencing enhancements, it almost always means that the person is facing a much worse sentence than other defendants with the same charge(s) but without the enhancements.
These enhancements are detailed under Florida Statutes 775.082 and 775.084.
PRR: Prison Releasee Reoffender (775.082)
HFO: Habitual Felony Offender (775.084)
VCC: Violent Career Criminal (775.084)
While each of these enhancements are serious, PRR is often the most devastating for defendants and is usually coupled with an HFO designation.
PRR refers to a person who has been released from prison within 3 years of committing the current offense. This three years also includes any supervision, such as Probation, that follows a prison sentence. Because most people serving a prison sentence have more than two prior felonies, HFO is often coupled with PRR, making the net effect extremely serious for the person facing the charges(s).
If a person qualifies as PRR and the prosecution files the enhancement, then the effect is that maximum sentence becomes the minimum sentence. If coupled with HFO, the maximum sentence is doubled. In the case of 30-year felonies, HFO makes the maximum a Life sentence.
For example, a Robbery is ordinarily punishable by a maximum of 15 years and does not, on its own, score a prison sentence under the Florida Sentencing Guidelines. However, if a person is PRR, then that person would be facing a mandatory minimum of 15 years in prison. Unless there is an agreement from the prosecutor, the the judge is unable to sentence the person to anything less than 15 years. In addition, if HFO is applied, the maximum for the Robbery becomes 30 years, instead of 15 years.
In addition to the mandatory minimums, the PRR statute also requires that a person serving a PRR sentence serve the full term. That person is not eligible for any type of early release, unless pardoned or commuted by the Governor.
A VCC designation is also very serious, but allows the judge more discretion if the judge does not feel that the mandatory minimums are necessary. VCC, on its own, both increases the maximum sentence and proscribes mandatory minimums. The breakdown is as follows:
Life or First-Degree Felony: a Life sentence is the mandatory minimum
Second-Degree Felony: Max penalty increased from 15 to 40 years, mandatory minimum is 30 years
Third-Degree Felony: Max penalty increased from 5 to 15 years, mandatory minimum is 15 years