When Can a Florida Judge Impose a Lesser Sentence?

Florida’s Criminal Punishment Code establishes the basic rules that trial judges must follow in sentencing defendants convicted of non-capital crimes. In simple terms, the Code provides sentencing guidelines that include the minimum sentence a court must impose for a given offense. The judge will then impose a sentence between this minimum and the maximum penalty provided by statute.

In some cases, a judge may make a “downward departure” and impose a sentence that falls below the minimum required by the Code. Such downward departures require the defendant to prove, by a preponderance of the evidence, that one or more “mitigating” factors justifies a lesser sentence. For example, a downward departure may be justified if the state agrees to a below-minimum sentence as part of a plea bargain.

Florida Appeals Court Rejects Lenient Sentence for Man Convicted of Kidnapping Wife and Children

It is important to understand, however, that there are limits on a judge’s discretion to impose below-minimum sentences. And Florida appellate courts will reject sentences that do not conform to the Code’s requirements. Indeed, the Florida Fifth District Court of Appeals recently ordered a new sentencing hearing in a case, State v. Hauter, after determining the trial judge was too lenient with the defendant the first time around.

This case arose from an incident where the defendant broke into his estranged wife’s house, took her and the couple’s children into his car, and then fled law enforcement, which eventually led to a standoff with the police. At the time, the defendant was already on pretrial release following an earlier arrest for alleged acts of domestic violence against his wife.

Eventually, the state and the defendant reached an open plea agreement. The defendant agreed to plead “no contest” to several charges. As this was an open plea agreement, the prosecution did not agree to any sentencing recommendation and asked the trial judge to impose a 10-year prison sentence. Under the Code, the mandatory minimum sentence was just short of 8 years.

Instead, the judge sentenced the defendant to 2 years of community control followed by 15 years probation. The judge said several factors justified a downward departure from the required minimum sentence, including the plea agreement, the court’s conclusion that the defendant’s wife “was an instigator or willing participant” in the underlying incident, and that the defendant showed remorse for his actions.

The state appealed the sentence. The Fifth District agreed with the prosecutors that the trial court exceeded its authority and ordered a new sentencing hearing. First, the appellate court noted that an open plea agreement is not grounds for a downward departure. Only a plea where the state agrees to a sentencing recommendation can serve as a factor.

Second, the appellate court rejected the trial judge’s conclusion that the wife provoked the incident that led to the defendant’s arrest. By all accounts, the defendant and his wife had a deteriorating relationship. But that did not prove that the wife was a “willing participant to her own kidnapping, the burglary of her residence, and [the defendant’s] battery of her.”

Finally, as for the defendant’s remorse, the Fifth District noted that was not enough to justify a downward departure under these facts. Remorse can be a mitigating factor when the crime is unsophisticated and the defendant has no prior criminal history. Here, in contrast, the defendant engaged in a pattern of abusive and criminal behavior that was anything but an “isolated” mistake.

Contact the Asilia Law Firm Today

Most Florida criminal cases are resolved through a negotiated plea. But not all plea bargains are created equal. That is why you need to work with an experienced Orlando criminal defense lawyer who can advise you of your options and assist you in negotiating with prosecutors to secure the best possible outcome for your case. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.

Source:

scholar.google.com/scholar_case?case=4764865682112885995