Pursuant to Florida law, while the courts have some discretion when sentencing people convicted of crimes, the sentences they administer must fall within the range dictated by the statutory guidelines. Accordingly, if a sentence exceeds a statutory maximum, it may be illegal and, therefore, may be subject to reversal. A…
In Florida, when sentencing a person convicted of a crime, the courts will generally rely on statutory guidelines. The courts have the discretion to deviate from the guidelines, however, if the party seeking an upward or downward sentence demonstrates that a departure is warranted. In a recent opinion issued in…
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…
In many cases, a defendant who is convicted of a crime will be sentenced to probation. If a defendant violates the terms of the probation, however, the court may revoke the probation and sentence to the defendant to a term of imprisonment. Recently, a Florida appellate court discussed a defendant’s…
The Eighth Amendment of the United States Constitution protects a criminal defendant who is convicted of a crime from cruel and unusual punishment. The Constitution does not define cruel and unusual punishment, however, so the courts have been tasked with interpreting whether a sentence is barred by the Eighth Amendment.…
In some cases, rather than sentence a person convicted of a crime to imprisonment, a court will impose probation. A probation sentence typically includes conditions that the defendant must abide by. If a defendant fails to comply with the terms of his or her probation, probation may be revoked and…
When a person is convicted of a crime, there are several factors that are considered in determining an appropriate sentence. For certain crimes, the court must employ a sentencing scoresheet to determine the minimum sentence that may be imposed. If a court does not properly classify the crimes for which…