VCC vs. HVFO Sentencing in Florida

August 1, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, Violent Career Criminal (VCC) and Habitual Violent Felony Offender (HVFO) are both sentencing designations under Fla. Stat. Section 775.084 for repeat felony offenders who are convicted of an additional violent felony. However, VCC and HVFO differ in terms of their criteria, penalties, and application.

This blog will discuss the similarities and differences between VCC and HVFO in Florida, as well as the impact of the U.S. Supreme Court’s recent Erlinger decision on these sentencing enhancements and when they may be applied.

Fla. Stat. 775.084(1)(b) outlines the HVFO sentencing enhancement in Florida. For someone to be sentenced for a violent felony as an HVFO, the following must be true:

• The defendant has at least one prior felony conviction for an enumerated violent offense (aggravated assault, aggravated battery, murder, sexual battery, robbery, burglary, arson kidnapping, etc.)
• The current felony for which the defendant is being sentenced must also be one of the enumerated felonies discussed in the statute
• The current felony was committed while the defendant was serving a sentence for a prior enumerated felony or within 5 years of their last enumerated felony conviction, or within 5 years of their release from prison, probation, or other supervision from that prior felony
• Prior convictions must not have been pardoned or set aside

Critically, the trial judge may decide whether or not to sentence a defendant as an HVFO. If the State seeks sentencing under this designation and the judge elects not to sentence the defendant, the judge must make a finding that this is not necessary for public safety (or provide another list of additional reasons within 7 days).

If someone is sentenced as an HVFO, the statute imposes harsh mandatory minimum sentences, and significantly increases the maximum sentencing exposure a defendant faces.

Florida’s HVFO statute authorizes the following penalties if a defendant is sentenced pursuant to the law:

• For a life or a first-degree felony: The defendant may receive up to life in prison (normally up to 30 years for a first-degree felony), with a mandatory minimum of 15 years
• For a second-degree felony: The defendant may receive up to 30 years in prison (normally up to 15 years for a second-degree felony), with a mandatory minimum of 10 years
• For a third-degree felony: The defendant may receive up to 10 years in prison (normally up to 5 years), with a mandatory minimum of 5 years

Note: Someone sentenced as an HVFO is eligible for gain time (per Fla. Stat. 944.275), but must always serve the mandatory minimum.

The criteria for Violent Career Criminal (VCC) sentencing is outlined by Fla. Stat. Section 775.084(1)(d).

For someone to qualify as a VCC, the following must be true:

• The defendant has at least three prior convictions for enumerated violent felonies (aggravated assault, aggravated child abuse, aggravated stalking, sexual battery, murder, robbery, etc.)
• The current felony (for which the defendant is being sentenced) must be an enumerated felony committed on or after October 1, 1995 
• The current felony must have occurred while serving a sentence for a prior enumerated felony, or within 5 years of the last prior enumerated felony conviction or release from prison, probation or other supervision (whichever is later)

Like HVFO, VCC sentencing is not mandatory. A judge may opt not to sentence a defendant as a VCC even if they qualify, provided they make a finding that VCC sentencing is not necessary for public safety.

If someone is sentenced as a VCC, the minimum and maximum potential penalties they face are significantly harsher than those of a defendant sentenced as an HVFO.

The following statutory guidelines apply during VCC sentencing:

• For a life or first-degree felony: The offense is punished by life in prison (both a mandatory minimum and maximum of life)
• For a second-degree felony: The offense is punishable by up to 40 years in prison, with a mandatory minimum of 30 years (typically 15-year maximum without the enhancement)
• For a third-degree felony: The offense is punishable by up to 15 years in prison, with a mandatory minimum of 10 years (typically 5-year maximum without the enhancement)

As is the case with HVFO, someone sentenced as a VCC is eligible for gain time if the offense is a second- or third-degree felony and the defendant has already served the mandatory minimum sentence. But gain time does not apply for life or first-degree felonies, as someone must be mandatorily sentenced to life as a VCC for offenses in these categories.

Important: Depending on the facts of a case, someone may be sentenced as an HVFO and a VCC. However, these sentences must run concurrently (together, not consecutively) and not exceed the maximum authorized by any of the designations. Durkee v. State, 203 So. 3d 189 (Fla. 4th DCA 2016).

Both of these sentencing designations have been influenced by the U.S. Supreme Court’s decision in Erlinger v. United States, 602 U.S. 821 (2024). In Erlinger, the Court held that every fact that increases a defendant’s minimum or maximum sentencing exposure – with the exception of the existence of a prior conviction – must be found by a jury, not a judge.

Under Florida law, the State must currently submit the evidence that someone qualifies for sentencing under HVFO or VCC directly to the trial court (judge). The judge then makes the determination in the absence of a jury as to whether the defendant qualifies for (and should be) sentenced in accordance with these designations.

Erlinger has indicated this practice is unconstitutional, as additional facts such as the date of a prior conviction and the date of the defendant’s most recent release from prison/probation also need to be found before a defendant can qualify as HVFO or VCC. Under Erlinger, these differ from the sole fact of a prior conviction.

If someone faces sentencing under one or more of these designations and a jury has not been impaneled to determine if they qualify, it is critical that an experienced and aggressive defense attorney in Florida assert your rights by filing a motion to impanel a jury to determine these facts.

In sum, HVFO and VCC are similar but distinct sentencing designations under Florida law, which allow for a defendant to receive a significantly longer prison term than they otherwise would. 

HVFO requires fewer prior violent felonies than VCC for a defendant to qualify, and imposes less harsh penalties. However, both enhancements expose someone to a prison term far longer than the typical maximum for the offense they are convicted of, and carry harsh mandatory minimums.

In the event that someone is eligible to be sentenced as an HVFO, VCC, or pursuant to another sentencing enhancement in Florida – and a jury has not been impaneled to determine the facts necessary for this – it is crucial for someone to find an experienced and aggressive Florida criminal defense attorney to file an Erlinger motion.

It is critical to find experienced and trusted legal representation as soon as possible if someone is charged with an offense that may trigger HFO, HVFO, PRR VCC, or TTVFO sentencing. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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