Full question:
What is a legal reason for a non prison departure?
- Category: Courts
- Date:
- State: Florida
Answer:
In Florida, a trial court judge can impose a prison sentence that varies by up to 25 percent from the recommended guidelines without needing to explain the reasons for this variation. However, if the sentence varies by more than 25 percent, it is considered a departure sentence and must be accompanied by a written statement detailing the reasons for the departure, which must be filed within seven days of sentencing (Fla. Stat. § 921.0016).
Departure sentences are generally discouraged unless there are valid circumstances justifying the departure. Aggravating factors that may justify a departure include:
- A legitimate, uncoerced plea bargain.
- The offense was violent and particularly heinous.
- The defendant has a pattern of criminal conduct or has committed multiple offenses within a short period.
- The offense was committed shortly after release from prison or a program.
- The defendant played a leadership role in a criminal organization.
- The offense posed a substantial risk of harm to others.
- Other factors related to the victim's vulnerability or the crime's nature.
Mitigating factors that may justify a departure include:
- The defendant's minor role in the offense.
- Substantial impairment of the defendant's ability to understand the criminal nature of their actions.
- Specialized treatment needs for mental or physical conditions.
- Restitution needs that outweigh the need for imprisonment.
- Cooperation with law enforcement.
Substance abuse or addiction is not considered a mitigating factor for a downward departure from sentencing guidelines.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
