Understanding Sentencing in Florida Criminal Cases: What You Need to Know

If you or a loved one is facing criminal charges in Tampa, Florida, understanding the sentencing process is crucial. At Brunvand & Wise Law Group, our experienced criminal defense attorneys are here to guide you through every step of your case. In this blog post, we’ll break down how sentencing works in Florida criminal cases and what factors can influence the outcome.

The Sentencing Phase Explained

After a defendant is found guilty or pleads guilty in a Florida criminal case, the court moves to the sentencing phase. This is when the judge determines the appropriate punishment based on the crime committed. Sentencing can range from fines and probation to imprisonment.

Factors Influencing Sentencing

Several factors can affect the sentencing decision:

1. Florida Criminal Punishment Code Scoresheet

Florida uses a point system to help judges decide on sentences for felony offenses. Each crime is assigned a certain number of points based on its severity. Additional points may be added for prior convictions, victim injury, and other aggravating factors. The total points determine the lowest permissible sentence.

2. Aggravating and Mitigating Circumstances

– Aggravating Factors: These are elements that can increase the severity of the sentence, such as the use of a deadly weapon, the vulnerability of the victim, or committing a crime while on probation.
– Mitigating Factors: These can lessen the sentence and may include the defendant’s lack of prior criminal history, mental health issues, or cooperation with law enforcement.

3. Mandatory Minimum Sentences

Certain crimes in Florida come with mandatory minimum sentences, which the judge must impose regardless of other factors. Common examples include drug trafficking offenses and crimes involving firearms.

4. Discretion of the Judge

While guidelines provide a framework, judges in Florida have discretion in sentencing. A skilled Tampa criminal defense attorney can present compelling arguments to persuade the judge toward a more lenient sentence.

The Importance of a Pre-Sentence Investigation Report

Before sentencing, the court may order a Pre-Sentence Investigation (PSI) report. This report provides the judge with detailed information about the defendant’s background, including:

– Criminal history
– Family and employment background
– Mental and physical health
– Substance abuse history

The PSI can significantly influence the sentencing outcome. Our attorneys at Brunvand & Wise Law Group work diligently to ensure that the PSI highlights factors favorable to our clients.

Alternative Sentencing Options

Florida courts may consider alternative sentencing options, especially for non-violent offenders or first-time offenders. These alternatives can include:

– Probation: Serving the sentence under supervision instead of jail time.
– Community Control: A strict form of supervised custody, often including house arrest.
– Diversion Programs: Completing certain programs can lead to charges being reduced or dismissed.

Our experienced attorneys can advocate for these alternatives when appropriate, aiming for the best possible outcome for our clients.

How Brunvand & Wise Law Group Can Help

Navigating the sentencing phase requires a deep understanding of Florida’s criminal justice system. At Brunvand & Wise Law Group, we offer:

– Personalized Defense Strategies: We tailor our approach based on the unique circumstances of your case.
– Experienced Legal Representation: With years of experience in Tampa and throughout Florida, we know how to effectively present your case to the court.
– Compassionate Support: Facing criminal charges is stressful. We’re here to support you every step of the way.

Contact Us Today for a Free Consultation

If you’re facing criminal charges in Tampa, don’t leave your future to chance. Contact Brunvand & Wise Law Group today for a free consultation. Let our dedicated team of Tampa criminal defense attorneys fight for your rights and work toward the most favorable sentencing outcome possible.