Are you concerned about what the max penalty you can get for a crime is? Concerned about the Criminal Sentencing scheme in your jurisdiction? In all criminal cases where you are concerned about these things, criminal sentencing in particular, you should not rely on the following generalizations about the system. You should call an experienced criminal defense attorney at the Smith & Eulo Law Firm. We’ll give you a free analysis of your case and discuss the realistic worst case scenarios.
Even if you can’t afford an attorney, give us a call, let us talk to you about your case, the criminal sentencing guidelines in Florida, and give you a free consultation about your case. Below is merely a rough idea and an overview to help you understand the ideas behind sentencing and what are some of the questions that could dictate your ultimate sentence. At no point should you rely on this in lieu of contacting an experienced criminal defense attorney in Orlando. Every case is unique and specific and requires a very lengthy analysis of your case specifically.
Criminal Sentencing Overview:
Criminal Sentencing is dependent on multiple factors. Is it a felony? Is it a misdemeanor? Do you have a criminal history? What sorts of criminal charges are in that history? Are they similar to the current charge? How long ago are these charges? What is the charge? What is the impact of the crime on the victim? Does the victim want punishment? Does the victim need restitution? What does your score sheet say? Are you on probation? Is the crime a charge of theft of an employer? Shoplifting 1st time offense? Do you have a drug addiction? Do you have any mental health issues? Is there any statutory mitigation? Are you accepted into Residential Drug Treatment? Are you anti murder? What do the facts of your case look like? Is your fact pattern more egregious or less egregious than what a typical case of this same charge looks like? What judge are you in front of? What state attorney are you in front of? Is this charge similar to the last charge you had? Is the case difficult for the state attorney to prove? Is there a minimum-mandatory legislatively required? Are you PRR? Are you HFO? Etc Etc.
These questions give you a rough idea on how complex and comprehensive Criminal Sentencing can be. Make no mistake about it, Criminal Sentencing is difficult and if you looked into a statute book on criminal sentencing all you’d see are the maximum penalties, the legislatively required sentences, and information about how score sheets are calculated. A good criminal defense attorney has experience with criminal sentencing. They had plead to the bench before, they have worked on score sheets, they have negotiated with state attorneys, they have seen the same offense you are charged with and seen what the state attorney offered on similar cases. Having a firm understanding of criminal sentencing in Florida requires an incredible knowledge of the law and a firm understanding of the actual practice of law. Simply reading a statute book doesn’t really inform you about how criminal sentencing plays out in REAL LIFE. It merely advises you of the worst case scenarios.
Looking at worst-case scenarios in a statute book has caused more criminal clients to freak out, panic, and become desperate than I can count to. I have been practicing law for a long time now and I don’t believe I have ever had a client receive the max penalty. NOT ONCE that I can actually remember. In the overwhelming majority of cases the actually sentence is merely a tiny fraction of what that max could be.That being said, max sentences do happen in very specific cases. It’s rare but it’s possible so don’t think that it’s automatically off the table in all cases. You will need to have a criminal defense attorney look at the facts and give you case-specific facts on your own criminal sentencing.
Bullet Points on Criminal Sentencing:
- Criminal Sentencing is not cut and dry, just because the statutes on Criminal Sentencing say that you can be punished in a specific way doesn’t mean you actually will be punished.
- An honest review of the Criminal Sentencing for your case requires an attorney who has been practicing law for many years. Without the experience to actually see these cases play out in the criminal justice system, it’s incredibly difficult, if not impossible to have an idea on what to expect in criminal sentencing for your case.
- Do not hire a non-criminal attorney to handle your criminal law case. This is seen where a friend of the family, who happens to be an attorney, is used. DO NOT do this. Unless the attorney has litigated thousands of criminal cases it’s doubtful they can give you sufficient advice and realistic expectations of your case. It’s also unlikely that they will know the difference between a good offer and a bad offer. Criminal Sentencing involves your life, go with someone who has the experience to get you through the system.
- Criminal Sentencing involves many factors. Without an actual sit down with an experienced attorney you can’t possibly expect to even come close to guessing what your sentencing will be.
- Criminal Sentencing is often only a fraction of the sentence that the max is, YET it is always possible that you can be maxed out. Don’t rely on probabilities, talk to an experienced criminal defense attorney who can inform you.
- Minimum mandatory sentences, PRR cases, and HFO cases can put a wrench in criminal sentencing. These are serious modifiers and should not be taken lightly. Talk to an attorney so they can explain what these modifiers mean to you and your case.