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Am I eligible for a downward departure?
Am I eligible for a downward departure sentence?
As a Broward County criminal defense attorney, I oftentimes receives inquires concerning “downward departures” and when they are applicable in a criminal case.
Florida Statute 921.0026 – Mitigating Circumstances – allows the sentencing Court to “downward depart” from the lowest permissible sentence (as calculated according to the total sentence points pursuant to Florida Statute 921.0024) when there are circumstances or factors that reasonably justify such a departure.
Such common downward departures include:
Important notes concerning downward departure sentences.
State v. Vanderhoff, 14 So.3d 1185 (Fla. 5th DCA, 2009) “Only the State Attorney has the discretion to waive the minimum mandatory sentence implicated here.”
State v. Gretz, 972 So.2d 212 (Fla. 5th DCA, 2007), “The State is correct, however, that Appellee’s conviction for aggravated battery upon a law enforcement officer under Florida Statute 784.07(2)(d) required the lower court to impose a five-year minimum mandatory sentence.”
State v. Andrews, 875 So.2d 686 (Fla. 4th DCA, 2004), “Vacation of defendant’s downward departure sentence and remand for imposition of mandatory minimum sentence was required, where defendant was required to be sentenced under mandatory minimum sentence statute.”
Such common charges carrying minimum mandatory sentences include, but are not limited to:
(1) weapons charges / “10-20-life” including aggravated assault with a firearm;
(3) aggravated battery law enforcement or aggravated assault law enforcement; and
(4) DUI manslaughter.
The trial court may consider a youthful offender sentence for a defendant (under Florida Statute 921.0026(1)) and that such a sentence would not be controlled by this mandatory minimum. Darrow v. State, 789 So. 2d 552 (Fla. 5th DCA, 2001).
If you or a family member is charged with a crime carrying a lengthy prison sentence (including a minimum mandatory prison sentence), immediately contact an experienced criminal defense attorney familiar with downward departures (Florida Statute 921.0026.)
Martindale "AV" criminal defense and personal injury lawyer Philip M. Snyder is a founding partner of Lyons, Snyder & Collin, P.A. in Fort Lauderdale, Florida. Fort Lauderdale criminal defense and personal injury attorney Philip M. Snyder handles all criminal defense and personal injury matters including, criminal (DUI, domestic violence, possession of cocaine, possession of marijuana, possession of oxycodone, battery, grand theft, petit theft, and fraud) and personal injury (auto accidents, cycling accidents, slip and falls and wrongful deaths). The Fort Lauderdale criminal defense and personal injury law firm of Lyons, Snyder & Collin, P.A. is located at 312 Southeast 17th Street, Third Floor, Fort Lauderdale, Florida 33316. Telephone: 954.462.8035. http://www.lyonssnyder.com/
The information in this article site was developed by Lyons, Snyder & Collin, P.A. for informational purposes only and should not be considered legal advice. The transmission and receipt of information from this article does not form or constitute an attorney-client relationship with Lyons, Snyder & Collin. Persons receiving the information from this article should not act upon the information provided without seeking profession legal counsel.
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