What to Expect During Sentencing   

Sentencing is the phase where the court determines the punishment for a convicted individual. This process follows a guilty plea or a verdict of guilt. The judge reviews various factors and evidence presented during the trial before deciding on an appropriate sentence. 

They may consider the severity of the crime, the defendant's criminal history, and any mitigating or aggravating circumstances. In some cases, the judge might also consider victim impact statements and recommendations from probation officers. 

Factors Influencing Sentencing

Several factors can influence sentencing outcomes. These include the severity of the crime, the defendant’s criminal history, and any mitigating or aggravating circumstances. 

• The severity of the crime: The nature and seriousness of the offense play an important role. Crimes involving violence or significant harm to victims typically result in harsher sentences compared to non-violent offenses. 

• Criminal history: A defendant with a prior criminal record may face stricter penalties. Repeat offenders are often subject to enhanced sentencing under Florida’s habitual offender laws. 

• Mitigating and aggravating circumstances: Mitigating factors, such as the defendant’s age, mental state, or cooperation with law enforcement, can lead to a reduced sentence. Conversely, aggravating factors, like the use of a weapon or causing severe injury, can result in a more severe punishment. 

Pre-Sentence Investigation

A pre-sentence investigation (PSI) gathers detailed information about the defendant’s background. This report helps the judge gain a comprehensive understanding of the individual’s life circumstances, character, and potential for rehabilitation. 

The PSI typically includes details about the defendant’s family history, employment status, education, and any previous interactions with the criminal justice system. It may also contain victim impact statements and recommendations for sentencing. 

Sentencing Hearing Procedure

During the sentencing hearing, both the prosecution and defense have an opportunity to present arguments and evidence to support their recommended sentence. The defendant may also make a statement to express remorse or provide additional context. 

• Prosecution’s presentation: The prosecution will present evidence and arguments supporting a specific sentence. They may highlight the seriousness of the offense and any aggravating factors. 

• Defense’s presentation: The defense will advocate for a more lenient sentence, emphasizing mitigating factors and the defendant’s efforts toward rehabilitation. 

• Defendant’s statement: The defendant has the right to address the court and offer a personal statement that may influence the judge’s decision. 

It is advisable to speak with a strategic criminal defense attorney who can craft a strong defense on your behalf.

Types of Sentences

There are various types of sentences that a judge may impose, ranging from probation to imprisonment. Understanding these options can help you anticipate potential outcomes. 

Probation 

Probation allows the defendant to remain in the community under supervision instead of serving time in jail or prison. Conditions may include regular check-ins with a probation officer, community service, and participation in rehabilitation programs. 

Incarceration 

Incarceration involves serving time in a jail or prison facility. The length of the sentence depends on the severity of the crime and any applicable mandatory minimum sentences. 

Fines and Restitution 

The court may impose fines or require the defendant to pay restitution to the victims. Restitution aims to compensate victims for their losses resulting from the crime. 

Impact of Plea Bargains

Plea bargains can significantly affect the sentencing outcome. By negotiating a plea agreement with the prosecution, defendants may receive a reduced charge or a lighter sentence in exchange for pleading guilty. 

• Charge reduction: In a plea bargain, the defendant may agree to plead guilty to a lesser charge, reducing the potential sentence. 

• Sentence recommendation: The prosecution and defense may jointly recommend a specific sentence as part of the plea agreement. While the judge is not bound by this recommendation, it often carries significant weight. 

• Avoiding trial: Plea bargains help avoid the uncertainties and expenses of a trial. They can provide a faster resolution and a more predictable outcome for both parties. 

Post-Sentencing Options

Even after sentencing, there are options available for seeking relief or modification of the sentence. Understanding these options can provide hope for a more favorable outcome. 

• Appeals: If there were errors or legal issues during the trial or sentencing, you may have grounds for an appeal. An appellate court can review the case and potentially overturn the conviction or modify the sentence. 

• Sentence modifications: In certain circumstances, a judge may modify the sentence based on new evidence or changes in the defendant’s circumstances. This could include reducing the length of incarceration or adjusting probation conditions. 

• Early release programs: Florida offers various early release programs for eligible inmates. These programs allow for a reduction in the sentence based on good behavior, participation in rehabilitation programs, or medical needs. 

Sentencing Guidelines in Florida

Florida follows a structured sentencing system known as the Criminal Punishment Code (CPC). The CPC assigns points to various offenses, which are then used to calculate a recommended sentencing range. 

Scoring System 

Each offense is assigned a specific point value based on its severity. Additional points may be added for certain factors, such as injury to the victim or possession of a firearm during the crime. 

Recommended Sentencing Range 

The total points determine the recommended sentencing range. Judges must impose a sentence within this range unless there are compelling reasons to depart upward or downward. 

Departure Sentences 

In some cases, judges may deviate from the recommended range if there are substantial and compelling reasons. These departure sentences require a clear explanation and are subject to appellate review. 

Sentencing Laws in Florida

Florida has specific laws and statutes governing sentencing. These can have a significant impact on the outcome of your case. 

Minimum Mandatory Sentences 

Certain offenses in Florida carry mandatory minimum sentences, meaning the judge must impose a specific minimum term of incarceration. These offenses often involve serious crimes such as drug trafficking, firearms offenses, and violent crimes. 

Three Strikes Law 

Florida has a “three strikes” law, which imposes enhanced penalties for repeat offenders. If an individual is convicted of a third qualifying offense, they may face a mandatory life sentence without the possibility of parole. 

Youthful Offender Program 

Florida offers a Youthful Offender Program for eligible individuals between the ages of 18 and 21. This program provides an alternative to traditional sentencing, focusing on rehabilitation and education. 

Place Your Trust in Skilled Criminal Defense Lawyers

Robert Lee Hoskins III and Manuel E. Penton, Jr. are dedicated criminal defense attorneys at The Law Offices of Hoskins and Penton, P.A. The attorneys at the firm are known for using aggressive litigation and knowledgeable experience to defend their clients. They provide top-notch legal representation in Clearwater, Florida, New Port Richey, Tampa, and St. Petersburg for those facing criminal charges.