The Florida legislature enacted laws setting forth sentencing guidelines that the courts must consider when determining an appropriate penalty for a criminal conviction. Courts have the discretion to set forth sentences outside of the guidelines, though, if they deem it appropriate in consideration of any relevant factors. Any sentence that…
If a defendant is convicted of a federal crime, the courts will consider numerous factors in determining an appropriate sentence. Among other things, the courts will assess whether the defendant brandished a firearm during the commission of the unlawful acts and whether the offenses in question constitute crimes of violence…
In 2018, Congress enacted the First Step Act (the Act), which along with the Fair Sentencing Act, was a law designed to reduce the disparity between the penalties imposed on people convicted of crimes arising out of the possession and distribution of cocaine powder versus crack. Merely because a court…
DUI crimes carry significant penalties compared to other violations of traffic laws, and a DUI conviction can irreparably harm a person’s driving privileges and career prospects. Some people accused of DUI offenses are eligible to enter into pretrial intervention programs, which essentially divert their cases away from the criminal justice…
While people often think that they would mount a vigorous defense if they were charged with a crime, in some cases, it makes sense to enter a no contest or guilty plea. Typically, it is difficult to overturn a conviction after pleading no contest, but there are exceptions. For example,…
Under Florida law, the use of force is acceptable in certain circumstances. As such, a person charged with a crime involving the use of deadly force may be able to argue that the actions out of which the charges arose were justifiable self-defense. Self-defense is not justified if a person…
Under Florida law, it is illegal to engage in sexual activity with someone without their consent, and such behavior can result in sexual battery charges. Notably, affirmative refusals are not required to demonstrate a lack of consent; instead, it can be established by showing a person lacked the capacity to…
In many cases, a person is charged with a DUI offense in Florida because they were pulled over while driving under the influence of alcohol or drugs. If a person is suspected of causing a collision while inebriated but the police have no proof that the individual drove the car…
In Florida, people can be charged with assault and other violent crimes, even if they simply intend to damage property. Regardless of the nature of the crime a defendant is accused of committing, though, the State must prove each element beyond a reasonable doubt, and if it fails to do…
In criminal matters, the prosecution bears the burden of proving, beyond a reasonable doubt, that the defendant committed the charged offense. Generally, the prosecution is permitted to introduce any relevant evidence in support of its position. Certain evidence, like prior convictions or bad acts, is typically deemed inadmissible, however, subject…