Sentencing
In criminal law, sentencing refers to the process by which a judge imposes a punishment on a defendant who has been convicted of a crime. The purpose of sentencing is to hold the defendant accountable for their actions, to protect society from further harm, to deter future criminal behavior, and to rehabilitate the offender when possible. Judges have some discretion in sentencing, but they must adhere to state laws and guidelines. Some nuances of Florida’s sentencing process are highlighted below
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Sentencing Guidelines
In Florida, sentencing guidelines are a set of rules and principles used by judges to determine the appropriate sentence for criminal offenses. These guidelines take into account various factors including the nature of the crime, the defendant's prior criminal history, and any aggravating or mitigating circumstances. The sentencing guidelines in Florida are primarily governed by the Florida Criminal Punishment Code (FCPC), which was established by the Florida Legislature. The FCPC provides a structured system for determining sentences based on a point system.
Mandatory Minimum Sentences
Mandatory minimum sentences in Florida are specific, predetermined prison terms that must be imposed upon conviction for certain criminal offenses. These sentences are mandated by law and limit the discretion of judges in sentencing. Florida statutes outline mandatory minimum sentences for various crimes, particularly those involving serious offenses or repeat offenders.
Scoresheets
In Florida criminal cases, scoresheets calculate the minimum sentence that a defendant may receive for certain felony offenses. These scoresheets are based on the Criminal Punishment Code (CPC), which was established by the Florida Legislature to provide guidelines for sentencing in felony cases.
Pre-Sentence Investigation
In Florida, a pre-sentence investigation (PSI) is a process conducted by the state's Department of Corrections. It occurs after a defendant has been found guilty or has pled guilty to a crime. The purpose of a PSI is to gather information about the defendant's background, circumstances, and the nature of the offense committed.
Downward Departure
In Florida, a downward departure refers to a departure from the standard sentencing guidelines established by the state's Criminal Punishment Code (CPC). The CPC provides a framework for determining the minimum and maximum sentences for felony offenses based on the severity of the offense and the defendant's criminal history. However, judges have the discretion to depart from these guidelines under certain circumstances.
Sentencing Hearing
A sentencing hearing is a legal proceeding that occurs after a defendant has been found guilty or has pleaded guilty to a criminal offense. During this hearing, the judge determines the appropriate punishment or sentence for the convicted individual. The purpose of a sentencing hearing is to consider various factors and information relevant to the case before imposing a sentence.
Youthful Offender
The Youthful Offender (YO) Sentencing Program in Florida is a legal option designed to address the cases of young offenders who may benefit from a more rehabilitative approach rather than a traditional adult criminal justice process. The program aims to provide younger individuals with an opportunity for education, treatment, and rehabilitation while serving a sentence.
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If you have questions about the resolution of your criminal case, contact attorney Madison Howeller today at 386-846-6043. Consultations are always free.
The information on this site is for educational purposes only and is not to be construed as legal advice. If you have questions about a criminal case, please contact an attorney.