What might be the right defense strategy against criminal charges depends on the facts, circumstances, and evidence. While some cases are best litigated at jury trials, others will involve pleas. Pleas can be entered under an agreement with the prosecuting attorney for a lesser charge or more lenient sentence. Defendants might also enter open pleas and let the court determine their sentences. An open plea might be entered when the state’s evidence is strong but mitigating circumstances warrant a lesser sentence than what the state offers. Recently, the aggressive Port Saint Lucie defense attorneys at Kirschner & McEnery successfully argued for a substantially lighter sentence than what the prosecutor sought following an open plea entered by their client.
Procedural Case Background
When a defendant enters an open plea to a criminal charge, the judge can sentence them to anything up to the legal maximum for the charged offense. A man was charged with crimes that carried a maximum of 300 years in prison and hired the Fort Pierce criminal lawyers at Kirschner & McEnery to defend him.
After analyzing the evidence and facts, our attorneys determined the best course of action was to enter a plea. The state’s evidence was strong. However, the prosecutor would not agree to anything less than seven years in prison, which both the defendant and his aggressive Port Saint Lucie defense attorney Jay Kirschner agreed was unfair. For this reason, the defendant entered a guilty open plea, allowing the court to determine his sentence rather than accepting the seven years the prosecutor had offered.
The sentencing hearing was scheduled for three days over three months, nearly as long as a jury trial. At the hearing, the prosecutor made vigorous arguments and presented evidence. The state requested a 12-year prison sentence for the defendant.
However, our Fort Pierce criminal lawyers aggressively defended our client at the hearing, presenting a significant amount of mitigating evidence on his behalf. The defendant had served four deployments to the Middle East and had been awarded a Bronze Star and numerous other medals and certificates of valor for his service.
While the state demanded the court sentence the man to 12 years in prison, our aggressive Port Saint Lucie defense attorneys asked for a sentence to probation. On April 16, 2024, the trial court judge made a decision. The defendant was sentenced to six months in the county jail followed by probation. The court expressly rejected the state’s arguments that a lengthy prison sentence was the only appropriate sentence and showed agreement with the defense lawyer that the appropriate sentence was jail followed by probation.
Understanding Florida Criminal Sentencing
In Florida, judges refer to the Criminal Punishment Code when determining what to sentence defendants to. This code is found at §921.0024, Fla. Stat. (2024). Offenses are assigned points, and judges use a worksheet to calculate the total points. Felonies are assigned levels in Florida, with more points assigned to more serious felony convictions. Other factors are also considered, including the victim’s injuries, the defendant’s prior criminal record, and any mandatory enhancements for drug trafficking, domestic violence, criminal gang activity, or kidnapping or enticement of a child.
The total points result in the following:
- Less than 22 points – Individuals who score less than 22 points typically will not be sentenced to prison. Instead, the court might sentence them to county jail, probation, or house arrest.
- Between 22 and 44 points – Defendants who score between 22 and 44 points can receive prison, county jail, probation, or house arrest at the judge’s discretion. However, the judge can still sentence a defendant scoring in this range to the maximum sentence prescribed by law.
- More than 44 points – When a defendant’s points total more than 44, the bottom sentence of the guideline can be determined by subtracting 28 points from the total and referring to the state’s sentencing guidelines. That number is then multiplied by 0.75 to determine the minimum mandatory prison sentence.
The guidelines guide judges about how to sentence defendants to make criminal sentencing more uniform. However, trial courts can still exercise discretion and sentence someone to less or more time than what the guidelines call for up to the maximum sentence.
Downward Departures
A downward departure occurs when a trial court judge chooses to sentence a defendant below the mandatory minimum sentence called for under the guidelines. Downward departures are rare. A judge might rely on one or more of the following reasons to justify a significantly lighter sentence:
- The defendant’s plea was uncoerced and legitimate
- The defendant’s role in the offense was as a minor accomplice and participant
- The defendant suffers from a mental disorder and agrees to treatment
- The need for a prison sentence is outweighed by the necessity of restitution payments
- The defendant’s actions occurred under someone else’s dominance or extreme duress
- The defendant’s youth prevented them from appreciating the offense’s consequences
- The victim provoked, participated in, or was the aggressor in the incident
It can be hard for a defendant to get a downward departure, which is why it’s critical to retain an experienced Fort Pierce criminal lawyer at Kirschner & McEnery.
Talk to an Aggressive Port Saint Lucie Defense Attorney
If you are facing serious criminal charges and believe the state’s evidence against you is strong, contact the experienced attorneys at Kirschner & McEnery Law. While our lawyers can’t guarantee similar results, we can advise you about the best defense strategy we might use to vigorously defend against your charges. Call us today to learn more at (772) 489-8501.
