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Florida Criminal Defense -
Florida Criminal Charges
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To be convicted of the criminal charge of Assault, the state must prove: 1) an intentional, unlawful threat, 2) by word or act, 3) to do violence, 4) to the person of another, 5) coupled with an apparent ability to do so, and 6) and doing some act which creates a well founded fear that such violence is iminenet. An assault, as defined above is a misdemeanor with the Maximum jail sentence of 60 days in jail. Probation is also a possible sentence. Aggravted Assault is an enhanced charge from the one above. The elements are the exact same but the givernment must also prove, A) that a deadly weapon was involved but there was no intent to kill, OR B) the assault was committed with the intent to commit a felony. An aggravted Assaul, as defined above is a felony of the third degree punishable by a maximum of 5 years in Prison. |
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Florida Criminal Defense -
Florida Sentencing guidelines
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A sentence can also be enhanced due to a scoring of victim injury points. These points are part if the standard score sheet under current offenses and prior Convictions. There are three enhancements, minor, serious, severe. These points are not always used, however they are something to be aware of.
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Florida Criminal Defense -
Florida Sentencing guidelines
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Firearm use and possession also carries sentencing enhancement. If an accused person is a convicted felon, there is a charge of felon in possession of a firearm. This sentence carries a minimum mandatory sentence of three years. This means that the person convicted of Felon in possession of a firearm must serve, as a minimum, three years day for day. |
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Florida Criminal Defense -
Florida Sentencing guidelines
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10-20-life is another form of sentencing enhancement. It requires that if a gun is used in the commission of a crime, a minimum mandatory sentence of 10 years must be given. If the firearm is discharged the minimum mandatory sentence that must be imposed is 20 years. If someone is hit then the minimum mandatory is 25 years to life. Minimum mandatory meas the person sentenced must serve 100% of the sentence and is ineligible for gain time or time off for good behavior. If the person receives a 10 year sentence under 10-20-life, the person must serve 10 years day for day. |
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Florida Criminal Defense -
Florida Sentencing guidelines
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A Prison Releasee Reoffender (PRR) is defined under Florida Statute . Essentially it is a person who has been released from a correctional facility within the past 3 years and the current charge is an enumerated felony. What this means is that is a defendant has been released from corrections, including parole or early release, or on escape status, and they are convicted of a new enumerated felony that law requires a day for day sentence, with no gain time or time off for good behavior. So if a person is charged and convicted of, as an example, burglary of a residence, and the government is able to prove he is a PRR, the Judge has no discretion except to sentence him to 15 years day for day. This result is reached because the PRR statute requires the maximum sentence allowable must be imposed. In this case, a burglary of a dwelling is a 2nd degree felony, punishable by up to 15 years. Because the maximum penalty is 15 years the Court must sentence the person to 15 years, regardless of what the person's guidelines range might be. The court has no discretion in sentencing to anything less then the 15 years. The numerated felonies that the PRR statute covers are: a second degree felony, punishable by up to 15 years in prison, |
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State Criminal Defense
