Jax Habitual Felony Offender (HFO) Defense

In Duval County, a "clean record" isn't just a point of pride—it’s your strongest legal defense. If you have a prior conviction, Florida’s 2026 statutes allow prosecutors to "enhance" your charges, effectively doubling your prison exposure or triggering mandatory minimums that even a sympathetic judge cannot ignore.

1. The Habitual Felony Offender (HFO) Designation

Under Fla. Stat. § 775.084, if you have two or more prior felony convictions and your new arrest occurred within five years of your last conviction or release from prison, the State can "habitualize" you.


  • 3rd Degree Felony: Becomes punishable by up to 10 years (normally 5).


  • 2nd Degree Felony: Becomes punishable by up to 30 years (normally 15).



  • 1st Degree Felony: Becomes punishable by Life in Prison.

2. Prison Release Reoffender (PRR)

The PRR designation is one of the most feared labels in the Florida court system. If you commit a qualifying felony within three years of being released from a state or federal prison, the law mandates a "Maximum Sentence" [4.4, 4.2].


  • Mandatory 100% Service: PRR defendants are ineligible for "gain time" or early release. You must serve every single day of your sentence.



  • Judicial Handcuffs: Once the State proves you are a PRR, the judge must sentence you to the statutory maximum. For a second-degree felony, that is a mandatory 15-year prison term.

3. The 2026 "Trenton’s Law" Enhancements

For 2026, the sentencing for repeat DUI and traffic offenses has been drastically upscaled:


  • DUI Manslaughter: A second conviction is now a First-Degree Felony (up to 30 years).



  • Criminal Refusal: Under the new 2026 protocols, your first refusal to test is a misdemeanor, but a second refusal is a First-Degree Misdemeanor that JSO and prosecutors are using to push for maximum jail time as a "safety deterrent.

4. Understanding the 2026 Scoresheet System

Florida uses a points-based Criminal Punishment Code scoresheet to determine your minimum sentence.


  • The 44-Point Threshold: If your total points reach 44, a prison sentence is mandatory unless your attorney can argue for a "Downward Departure."


  • Prior Record "Multiplier": In 2026, prior serious felonies add significant points. For example, a prior Level 8 or 9 offense adds a single assessment of 30 points to your scoresheet immediately.



  • Legal Status Points: If you are on probation or community control when arrested, an additional 4 to 12 points are added, often pushing first-time offenders over the 44-point prison line.

How Attorney Irvin Daphnis Fights Enhancements

We don't accept the State's "Point Total" as fact. We fight enhancements by:



  1. Challenging Prior Convictions: We audit your out-of-state and older records to ensure they actually qualify as "predicate offenses" under Florida law.
  2. Downward Departure Motions: We present evidence of "isolated incidents," "mental health mitigation," or "rehabilitation potential" to convince the court to ignore the mandatory scoresheet minimum.
  3. Negotiating "Non-HFO" Pleas: We leverage flaws in the JSO investigation to force the State to waive the Habitual Offender designation in exchange for a plea.


[Don't let your past dictate your 2026. Schedule a Case Strategy Session today.]