CRIMINAL CHARGES AND SENTENCING ALTERNATIVES

In the State of Florida, there are various degrees of crimes. Most are generally classified as felonies or misdemeanors. Felony charges are of varying degrees with differing consequences.

A third degree felony carries a maximum of 5 years in prison. It may carry a lesser sentence or probation.

A second degree felony carries a maximum of 15 years in prison and may also carry a lesser sentence or probation.

A first degree felony carries a maximum of 30 years in prison but may also carry a lesser sentence of even probation. A first degree felony punishable by life carries up to a life sentence but may carry a lesser sentence and may also carry probation. A life sentence carries a sentence of life imprisonment with no parole and no other possibility. A capital felony carries either a life sentence or the penalty of death. This would be in the case of a first degree murder or a capital sexual battery.

Florida has also passed laws regarding the use of firearms and sentencing. The 10-20-life law calls for minimum mandatory sentences when firearms are used in certain crimes. The PRR (Recent Prison Releasee) sentencing also calls for mandatory prison sentences as does the Habitual Felony Offender Statute. Trafficking laws also carry certain minimum mandatory sentences from 3 to 25 years. Other sentencing is subject to Florida sentencing guidelines. Guideline sentencing is a scoring mechanism where certain types of past and present charges are assigned scores and certain minimum sentences may apply. Even if a minimum sentence applies, it may be possible to request a Judge to "depart" from the guideline sentence and give a lesser sentence if certain statutory or non-statutory mitigating factors may apply. Also, other sentencing options may apply to your case such as drug court or even a diversion program which can result in your case not proceeding to court and ultimately in a dismissal of a charge without having to proceed to trial.

Other sentencing alternatives may also apply for youthful offenders and also for juveniles, those persons under 18.

Even if the charge you are facing carries certain minimum sentences, there may be ways to change or avoid those minimums. Every case is different. Every person is different. We are here to help you.

It is important for you to consult with an experienced attorney to discuss ways in which your case may be handled and whether it is possible to have your record later sealed or expunged and defenses or what sentencing alternatives may apply to your particular situation.