Just because someone is arrested for what appears at first blush to be a specific level of offense which would normally be punishable by up to a certain term of imprisonment does not necessarily make it so. The Florida Legislature has provided many mechanisms by which the State can enhance (make more serious) the penalties that one faces in a given case. Enhancements exist for such things as the location of a crime (i.e. Simple Possession of Narcotics gets bumped up a felony level if it occurs within 1,000 feet of a school (Florida Statute 893.13(1)(c)(1)), use of a firearm during the commission of an enumerated offense (Florida Statute 775.087), wearing a mask during the commission of an offense (Florida Statute 775.0845), committing an offense against a senior citizen or a pregnant woman (Florida Statute _____), blowing over .20 in a DUI case (Florida Statute 316.___) and in many, many other situations.
Please be aware that apart from those mentioned above, there are a multitude of other potential enhancements in existence. Accordingly, it is very important to make sure that you discuss these matters with your attorney so that you know exactly what you are facing in a given case.
MINIMUM MANDATORY SENTENCES
Minimum mandatory sentences are required penalties. These penalties exist for many offenses where a Defendant is found guilty (i.e. Trafficking in Narcotics, DUI, violent offenses committed against law enforcement officers, etcetera) and must, absent a statutory reason for departure, be imposed by the Court in the event of an adverse ruling. Minimum mandatory penalties are served day-for-day, without gain time or other sentencing credit by the Department of Corrections.
Apart from those mentioned above, the Florida Legislature, in Chapter 775, has enacted several sentencing schemes which may or may not be of concern to a given individual. Florida Statute 775.082(9)(a) is known as the “Prison Release Reoffender Act”, Florida Statute 775.084 creates classifications and punishments for “Violent Career Criminals” (VCC), “Habitual Felony Offenders” (HO), “Habitual Violent Felony Offenders” (HVO), “Three Time Violent Felony Offenders” (GORT) and Florida Statute 775.087 creates the “10/20/LIFE” classification. Each of these sentencing schemes spells out the many circumstances where one can qualify for sentencing thereunder, as well as the enhancements applicable thereto.
Again, please be aware that apart from those mentioned above, there are a multitude of other potential minimum mandatory sentences in existence. Accordingly, it is very important to make sure that you discuss these matters with your attorney so that you know exactly what you are facing in a given case.
SENTENCING GUIDELINES
All Florida laws are applicable everywhere in Florida, without exception. However, every jurisdiction in Florida operates independently. As such, in practice it is not uncommon to find disparity in both prosecution and sentencing. (For example, in Miami-Dade County the offense of DWLS (driving with a suspended license) is traditionally not aggressively prosecuted. Where one charged with DWLS appears in Court with a valid driver license the case will generally be voluntarily dismissed by the State without penalty. This is true even though the offender was technically guilty of the offense. Contrast the same offense in Monroe County where the State routinely seeks a jail sentence for DWLS, regardless of whether the offender has reinstated his or her driving privilege by Court.) In order to realize some uniformity in sentencing the Florida Legislature has enacted the Sentencing Guidelines in Chapter 921.
Among the principals that embody the Sentencing Guidelines are that sentencing be neutral in regard to race, general and social and economic status (Florida Statute 921.001(4)(a)(1)), that the primary purpose of sentencing is punishment, not rehabilitation (Florida Statute 921.001(4)(a)(2)), that penalties imposed be commensurate with both the severity and the circumstances surrounding the primary offense (Florida Statute 921.001(4)(a)(3)) and that the severity of the sentence increase in proportion to the offender’s prior criminal record (Florida Statute 921.001(4)(a)(4)).
The Sentencing Guidelines essentially operate by way of a mathematical formula, where a numerical point value is assigned to each specific offense (this is called “Offense Severity Ranking” and is found in Florida Statute 921.0022), those point values are added together and are coupled with other circumstantial factors (which are also assigned a numerical point value) like victim injury, prior record and various enhancements, so as to generate a sentence computation which results in the lowest permissible sentence under the guidelines. The maximum sentence is always the statutory maximum as provided in Chapter 775, and it is important to note that where multiple offenses are charged, the statutory maximum is the sum of all offenses (offenses can be “stacked” and/or an individual may be sentenced consecutively). The Criminal Punishment Code Scoresheet is found at Rule 3.992(a), Fla.R.Crim.P..
10/20/LIFE
What is commonly referred to as the “10/20/LIFE” law is found in Florida Statute 775.087, and 775.087(2)(d) codifies the Legislative intent in passing this law as being that “offenders who actually possess, carry, display, use, threaten to use, or attempt to use firearms or destructive devices be punished to the fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to this subsection shall be imposed for each qualifying felony count for which the person is convicted.”
Florida Statute 775.087(2)(a)(1)(a-q) itemize seventeen (17) types of offenses which, if committed or attempted to be committed by a person who actually possessed either a firearm or a “destructive device” (as defined in Florida Statute 790.001), will necessarily subject such an offender to a minimum mandatory sentence of either ten (10) years for actual possession of a firearm or destructive device during the commission or attempted commission of an enumerated offense (Florida Statute 775.087(2)(a)(1)(r)), twenty (20) years for discharge of a firearm or destructive device during the commission or attempted commission of an enumerated offense (Florida Statute 775.087(2)(a)(2)) or a minimum mandatory of twenty-five (25) years to a maximum of life if as a result of the discharge a person is either killed or suffers great bodily harm (Florida Statute 775.087(2)(a)(3)).
The material on this page is designed to be general and is not case specific. Further, the information contained on this site is neither formal legal advice nor does the same constitute the formation of a lawyer/client relationship. As the law continually changes, the information contained herein may either be out of date or inapplicable to either your case or to your particular circumstances. For this reason it is always best to consult with a lawyer, in person, and to get specific and accurate information about your legal rights, responsibilities and/or liabilities in regard to your particular case. Please feel free to contact the Law Offices of Michael A. Haber, P.A. in Miami, Florida either by phone, by mail or by e-mail, and Mr. Haber will be available to you, to discuss your specific case.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
HaberPA.com is prepared to represent your interests regardless of whether your
given offense and/or cause of action originated.
