In Part I of this three part series, we discussed Felony sentencing in general, including the degree of felony and how it determines the maximum potential penalty.
In Part II, we discussed the Florida Sentencing Guidelines and how they are used to calculate a potential mandatory minimum sentence.
This week’s blog will discuss Downward Departures, Suspended Sentences, and Capped Sentences and different options for sentencing in felony cases where the person “scores out” to a minimum mandatory prison sentence.
Knowing how to obtain the lowest sentence with the least overall exposure is of utmost importance. An attorney who knows the ‘ins and outs’ of the system can put you in a position for the best possible result.
What Is An Open Plea?
At Flaherty Defense Firm, we advise against open pleas because an open pleas basically means you are throwing yourself at the mercy of the Court without any agreement in place for sentencing…this could result in you receiving the maximum statutory sentence!
What is a Capped Plea?
One way to avoid such a disastrous result would be to consider a sentence with a cap. A cap sets a limit on the maximum sentence a Judge can impose at sentencing.
As an example, in a case where the maximum penalty is 15 years, we may look to secure a capped plea closer to the guideline minimum sentence, which is usually a lot lower.
What is a Suspended Sentence?
A suspended sentence includes the imposition of jail time with probation or community control, but what makes it a reasonable option is that if the client completes the probation term without any violations, the prison or jail term will not be imposed.
What is a Downward Departure in sentencing?
A defendant must first score more than 44 points in order to be eligible for a downward departure. Usually, 44 points and above equates to a mandatory state prison sentence, however there are categorical provisions that could allow a Judge to depart below those guidelines.
The Court must engage in a two-part analysis in order to downward depart, below the sentencing guidelines. First, the Judge must find a valid legal reason with a supporting factual basis. Second, the Court must decide if it should depart based on that particular case.
A good criminal defense attorney will present a compelling case to the Court in order to justify a downward departure. Specific statutory criteria should be cited in order to present a valid basis for departure. Also, your felony attorney must supply the Court with a comprehensive sentencing memorandum, complete with case law and other legal authority, statements, reports, and other mitigating evidence.
If you or a loved one has been charged with a Felony in Fort Walton Beach, Crestview, Niceville, Navarre, or anywhere in Okaloosa County or Santa Rosa County, call Flaherty Defense Firm at (850) 243-6097 for a free consultation. We are available 24/7 for our clients, so call anytime, day or night.
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