While every suspect is presumed innocent until proven guilty, in some cases it makes sense for a person charged with a sex crime to enter into a plea agreement or to plead guilty and allow the court to assess a penalty based on that plea. Even if a defendant concedes guilt to a crime, however, the law still affords the defendant the right to a fair and appropriate sentence for the offense charged.
Recently, in a case arising out of the Court of Appeals for the Eleventh Circuit, the court vacated a sentence for a defendant who entered an open plea for the charge of lewd and lascivious behavior, due to an error on the sentencing scoresheet. If you are charged with a sex crime in Clearwater, you should retain a knowledgeable Clearwater sex crime defense attorney to discuss which plea option is in your best interest.
Defendant’s Plea and Subsequent Sentencing
Reportedly, the defendant entered an open plea to lewd or lascivious battery, burglary, and grand theft. In Florida, an open plea is essentially a guilty plea without an agreement with the state regarding sentencing. Rather, an open plea allows the judge to determine the appropriate sentence for the crimes charged.