Florida Statute Section 948.06(8) creates a special classification of probationer—a “violent felony offender of special concern” (“VFOSC”) as explained in Florida Statute § 948.06(8)(a). For offenders on probation, or who are placed on probation, the key to the VFOSC classification is the commission of a “qualifying offense,” which is defined as those crimes specified in subsection 948.06(8)(c).
If you are on probation for one of these serious offenses, then an alleged violation of probation is extremely serious.
Attorney for VFOSC Probation Hearings in Palm Beach County, FL
If you entered a plea to a qualifing offense and were placed on probation, then a violation of probation will trigger a designation as VFOSC. You need an attorney experienced in fighting the probation violations cases. If you know your probation officer is going to issue a violation of probation, then retain an attorney as quickly as possible.
The attorneys at Meltzer & Bell, P.A. represent clients on a variety of probation and community control violation cases in Palm Beach County or Broward County, FL. We can help you understand the procedures used when making a VOP arrest or attending a VOP hearing. Whether you were arrested for a new criminal offenses or a technical violation, you need an attorney to help you fight the case.
We can help you decide the best ways to fight the VOP accusation. The attorneys at Meltzer & Bell, P.A. have offices in West Palm Beach and Fort Lauderdale. They represent clients charged with a violation of probation in Palm Beach County and Broward County, FL.
Call (561) 557-8686 today.
Qualifying Offenses that Trigger VFOSC
The qualifying offenses that trigger the VFOSC are found in Florida Statute Section 948.06(8)(c) including;
- Murder or attempted murder under s. 782.04, attempted felony murder under s. 782.051, or manslaughter under s. 782.07.
- Lewd or lascivious battery or attempted lewd or lascivious battery under s. 800.04(4), lewd or lascivious molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious conduct under s. 800.04(6)(b), lewd or lascivious exhibition under s. 800.04(7)(b), or lewd or lascivious exhibition on computer under s. 847.0135(5)(b).
- Sexual battery or attempted sexual battery under s. 794.011(2), (3), (4), or (8)(b) or (c).
- Aggravated battery or attempted aggravated battery under s. 784.045.
- Kidnapping or attempted kidnapping under s. 787.01, false imprisonment of a child under the age of 13 under s. 787.02(3), or luring or enticing a child under s. 787.025(2)(b) or (c).
- Treason under s. 876.32.
- Unlawful throwing, placing, or discharging of a destructive device or bomb under s. 790.161(2), (3), or (4).
- Aircraft piracy under s. 860.16.
- Aggravated stalking under s. 784.048(3), (4), (5), or (7).
- Aggravated assault under s. 784.021.
- Arson or attempted arson under s. 806.01(1).
- Any burglary offense or attempted burglary offense that is either a first degree felony or second degree felony under s. 810.02(2) or (3).
- Abuse of a dead human body under s. 872.06.
- Poisoning food or water under s. 859.01.
- Computer pornography under s. 847.0135(2) or (3), transmission of child pornography under s. 847.0137, or selling or buying of minors under s. 847.0145.
- Sexual performance by a child or attempted sexual performance by a child under s. 827.071.
- Lewd or lascivious offense upon or in the presence of an elderly or disabled person or attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person under s. 825.1025.
- Robbery or attempted robbery under s. 812.13, carjacking or attempted carjacking under s. 812.133, or home invasion robbery or attempted home invasion robbery under s. 812.135.
Consequences of VFOSC
If a person qualifies as a violent felony offender of special concern, VFOSC, after a court finds that the offender has committed a violation of probation other than failure to pay costs, fines, or restitution, the court is required to make written findings as to whether the offender “poses a danger to the community” as explained in Florida Statute § 948.06(8)(e)1.
Under Florida Statute § 948.06(8)(e)2.a., if the court finds that the offender poses a danger to the community, the court “shall revoke probation and shall sentence the offender up to the statutory maximum, or longer if permitted by law.” If the court finds no such danger, then the court is free to treat the offender the same as any other probationer who has violated probation.
This article was last updated on Friday, March 30, 2018.