The state staunchly prosecutes violent crimes, and people convicted of such offenses are often sentenced to lengthy prison terms. There are statutory limits pertaining to sentences for violent crimes, however, and if a sentence imposed by a court exceeds the statutory guidelines, it may be illegal. Recently, a Florida court discussed what constitutes an illegal sentence in a case in which the defendant sought to correct a sentence imposed for aggravated assault. If you are charged with a violent crime, it is smart to consult a Sarasota criminal defense attorney to assess your options for pursuing a good outcome.
Allegedly, the defendant was charged with manslaughter and aggravated assault. A jury convicted him following a trial, and the jury explicitly found that he discharged a gun when he committed the crimes. The trial court then issued a sentence of twenty years in prison for the aggravated assault count and thirty years for the manslaughter count, which were the statutory minimums. The court relied on the jury’s findings in issuing the sentences.
It is reported that the defendant then appealed, arguing that the sentence for his aggravated assault conviction was illegal. He also filed a motion arguing that because a firearm was an essential element of both crimes, his convictions were improperly reclassified, and therefore, his sentences exceeded the statutory limit. Continue Reading ›