Tampa Criminal Lawyer Blog
In federal firearm and drug cases, defendants often face enhanced penalties if their criminal history includes certain violent or drug-related felonies. The Armed Career Criminal Act (ACCA) imposes mandatory minimum sentences for repeat offenders, and courts regularly review whether a defendant’s past convictions meet the statute’s criteria. A recent Florida decision demonstrates how courts approach challenges to ACCA designations, especially when defendants argue that prior Florida convictions were improperly classified. If you are facing federal sentencing enhancements, a skilled Tampa criminal defense attorney can help you explore ways to challenge the underlying legal findings.
History of the Case
It is reported that the defendant pleaded guilty to possession with intent to distribute a controlled substance and possession of a firearm by a convicted felon The district court sentenced the defendant to 216 months in prison after determining that he qualified as an armed career criminal under the ACCA based on three prior Florida convictions: aggravated assault, aggravated battery, and cocaine possession with intent to distribute. The defendant appealed, arguing that each of these prior convictions was improperly used to enhance his sentence under the ACCA.
It is alleged that the defendant first contested the inclusion of his aggravated assault conviction, contending that the Florida statute does not categorically require the use or threat of force and thus should not qualify as a violent felony under the ACCA’s elements clause. He pointed to recent case law questioning whether aggravated assault can be committed with a less culpable mental state, such as recklessness, which would disqualify it under Supreme Court precedent.
It is further reported that the defendant also challenged the classification of his aggravated battery conviction. He argued that the statute permits conviction based on mere unwanted touching or harm caused without the use of force, and thus does not necessarily involve the “use of physical force” required by the ACCA. Finally, he claimed that his prior cocaine offense did not qualify as a serious drug offense because the underlying statute was too broad.
Crime Classifications for Sentencing Purposes
The court ultimately rejected all of the defendant’s arguments and affirmed the sentence. On the issue of aggravated assault, the court cited its prior decisions holding that Florida’s aggravated assault statute requires, at minimum, knowing conduct directed at a specific individual, and cannot be committed recklessly. The court reaffirmed that the offense categorically qualifies as a violent felony under the ACCA. Importantly, it explained that the Florida Supreme Court’s interpretation of the statute confirmed what the statute has always meant, thus applying retroactively to the defendant’s case.
Regarding aggravated battery, the court applied a modified categorical approach and found that the conviction involved the use of a deadly weapon, which satisfies the ACCA’s requirement for the use or threatened use of force. The court distinguished this from cases involving attempted crimes or recklessness, noting that battery involving a deadly weapon or causing serious bodily injury necessarily includes violent conduct.
On the cocaine conviction, the court concluded that the defendant failed to preserve the argument at the district court level and reviewed the issue only for plain error. Even under that standard, the panel found that the statute under which the defendant was convicted involved distribution and met the criteria for a serious drug offense under the ACCA. The court emphasized that under current precedent, Florida’s cocaine statute as applied in this case remains a qualifying predicate offense.
Speak with a Tampa Federal Criminal Defense Attorney Today
Federal sentencing enhancements under the ACCA can result in decades of additional prison time. If you are facing federal drug charges and have prior convictions that may enhance your sentence, the experienced Tampa criminal defense attorneys at Hanlon Law can help you challenge the legality of your classification. Call our Tampa office at 813-228-7095 or reach out online to schedule a confidential consultation and learn more about your legal options.