What Form 2220 Imposed
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What Form 2220 Imposed

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Sentencing occurs after a finding of guilt has been made whether by a judge or a jury whether after a trial or by way of an open plea oftentimes sentencing proves to be more complex than a trial in Florida sentencing is accomplished by way of guidelines these are established in the criminal punishment code the theory is that each case is valued on a variety of measurable scales and the guidelines which are essentially a mathematical formula are supposed to calculate a result and computation and biased yet custom-tailored permissible sentencing range inside of this range the judge is free to exercise discretion outside the judge must adequately and lawfully explain a ruling but the reality is it's cold it's impersonal and this formula is not always fair to a defendant factors the judges must consider include the primary offense meaning the most serious charge defense additional offenses other charges lesser equal charges that were faced the level of victim injury meaning the actual harm suffered by the victim the prior record which is any proper ibly scored prior criminal history of the defendant legal status whether or not the defendant was under a lawful sanction or requirement at the time and there are other enhancers for things like firearms or prior serious felonies or drug trafficking or law enforcement violations grand theft of a motor vehicle gang related activities domestic violence cases each of these factors has a point value and those must be determined and when the points are all added together the sum is used to comput eight the lowest permissible prison sentence in months or the low end of the sentence and guidelines below which the judge cannot depart without clearly stated reasons the judge can enhance or bump up or reclassify a given offense from a lower to a higher level and in some circumstances judge must do this where a defendant is habitual or a prison release reoffend ER and sometimes minimum mandatory prison terms have to be imposed like for drug trafficking the judge is also permitted to find mitigating circumstances and lawfully depart downward from the calculated guy however in order for any statutory mitigator to apply it must first be specifically pled and proven by the defendant and you can count on the state being afforded an opportunity and doing their best to disprove or two raised out some accepted mitigating factors that the departure is made at the request of the State and Defense jointly or in the form of a plea bargain the defendant only committed the offense because of extreme duress or the dominance of another person the defendant suffers from a major mental illness they continue at Michael a haber PA we take nothing for granted we adopt a comprehensive global view of all criminal cases we pay careful attention to potential sentencing issues right up front as early as during the initial consultation I'm going to look to identify any possible mitigation issues and during the course of representation I'm going to continuously and simultaneously work towards acquittal and reducing my clients exposure if evidence is needed whether it's documents or expert testimony and we're going to identify it and do our best to acquire it Michael a haber PA we're in it to win it and it's all about reasonable doubt.

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