Tag Archives: downward departure

What is a Downward Departure?
When you go through the legal process and are found guilty of a crime, the law requires that you receive a sentence. The sentence may include various components such as jail time, fines, community service, and probation. The judge has the ability to depart from the applicable sentencing guidelines and order a sentence that is lower. That lower sentence is called a downward departure. A downward departure may be applicable to some types of crimes when there are mitigating factors involved. How do Florida Judges Determine Sentences? Florida utilizes a computerized formula that calculates a score for your particular crime. The Florida Department of Corrections Criminal Punishment Code (CPC) assigns a level and numerical value to a particular crime. The CPC applies to all felonies except capital felonies. When you are convicted of a crime, you will have a number assigned. The numerical value provides the judge with.
more
Can I Get a Downward Departure on My Case?
If you are found guilty of a crime, the law generally stipulates sentencing guidelines that the judge follows when he or she orders a sentence. A downward departure occurs when the judge departs from the applicable sentence and orders a lower sentence than is recommended for a particular crime. A downward departure can be utilized only in the sentencing of some types of crimes and only when mitigating factors are present. What is a Downward Departure? In Florida, the state uses a computer system to assign scores to every person who is accused of a crime. Scores are calculated using a formula that is designated in the Florida Department of Corrections Criminal Punishment Code (CPC). Each crime is assigned a level and associated numerical value. It applies to sentencing for all felonies, except for capital felonies, that were committed after October 1, 1998. A person convicted of a.
more