Sentences in The State Of Florida
Criminal Defense Lawyers Should Be Aware of Mitigating Circumstances
Obtaining the best possible sentence for your client is one of the most important functions of a good trial lawyer. After your client pleads to a charge or is found guilty post trial good advocacy can result in a non jail disposition or a greatly reduced sentence depending upon the circumstances.
Sentences in the Florida State courts are regulated by the criminal punishment code since Oct. 1, 1998. Under the code sentences are computed on a criminal punishment code score sheet. A defendant's sentence may range from any non state prison sanction up to the statutory maximum sentence permitted by law under the code. Sentencing departures should be obtained if possible in every case to avoid a harsh guideline sentence. Thus competent criminal defense lawyers should be aware of the mitigating circumstances under which a departure from the lowest permissible sentence that can be justified ; these factors include the following:
The departure results from a legitimate uncoerced plea bargain; the defendant was an accomplice to the offense and was a relatively minor participant in the criminal conduct; the capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of the law was substantially impaired; the defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction or for a physical disability, and the defendant is amenable to treatment; the need for payment of restitution to the victim outweighs the need for a prison sentence; the victim was an initiator, willing participant aggressor provoker of the incident; the defendant acted under extreme duress or under the domination of another person; before the identity of the defendant was determined, the victim was substantially compensated; the defendant cooperated with the state to solve the current offense or any other offense; the offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse; at the time of the offense the defendant was too young to appreciate the consequences of the offense; the defendant is to be sentenced as a youthful offender; the defendant's offense is a non violent felony, with a low number of score-sheet points and is amenable to treatment in drug court program;
Obviously each of these grounds for departure should be set forth in a written motion and litigated properly at an evidentiary hearing prior to sentence being imposed.
In the federal courts, the law of sentencing is controlled by the United States Sentencing Guidelines which are no longer mandatory; Since the landmark decision of the Supreme Court in the case of United States v Booker and later cases it is clear that the federal sentencing guidelines are subject to a variance from a guideline computation based upon certain factors found in Title 18 United States Code section 3553.
Thus after reviewing a pre sentence investigation report prepared by the United States Probation Office which calculates a defendant's guideline range prior to sentencing skilled defense counsel should file appropriate objections to the Pre Sentence Report raising all possible challenges to the guideline range and in addition move for a variance to the lowest possible sentencing range. Although the previous law regarding sentencing departures should be consulted the more modern approach is to consider the law on variance to achieve the best result.
Zealous Defense Of Your Constitutional Rights
When you need an experienced and committed defense lawyer you can trust in Central or Southern Florida,
contact the criminal defense law firm of Michael B. Cohen, P.A. online or call 954-928-0059.
