Repeated violent felonies can have dire consequences for some criminals. Many states, and the federal government, have three-strike type rules that require mandatory sentencing for certain convictions post-third-strike. Therefore, defendants can, and should, fight tooth-and-nail to keep convictions from coming under violent felony codes.

Armed Career Criminal Act, Should Robbery Count?

In Florida, Denard Stokeling pleaded guilty to possessing a gun after burglarizing the Miami Beach restaurant where he was employed. Stokeling was prosecuted under the Armed Career Criminal Act (ACCA), a federal three-strikes type rule. Under the ACCA, if someone has been found guilty of three violent felonies or serious drug charges, and then found guilty of possessing a firearm, ACCA requires a mandatory minimum 15-year sentence.

Overcoming a Victim’s Will Is Violent Enough for ACCA

SCOTUS voted in a 5-4 decision that Stokeling was convicted under a violent felony statute and therefore the ACCA sentence should be imposed. Writing for the majority, Justice Clarence Thomas said that Stokeling was properly convicted under Florida’s robbery statute, and that statue is a violent felony.

If you or someone you love has been arrested for a violent crime, contact a criminal defense attorney. You don’t know what the future holds, and this charge may be the straw that breaks the camel’s back later on in an ACCA or other three-strike conviction.

Related Resources:

  • Find a Criminal Defense Attorney Near You (FindLaw’s Lawyer Directory)
  • Burglary Includes Breaking Into a Mobile Home or Tent, Supreme Court Rules (FindLaw Blotter)
  • ACCA Gets Man 15 Years for Possessing 7 Shotgun Shells (FindLaw U.S. Sixth Circuit)

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