Motion for a Downward Departure in Miami

Downward Departure Sentencing Guidelines

During sentencing for a felony conviction in circuit court, a judge must evaluate your criminal sentencing score sheet. The prosecutor will generally prepare the score sheet and give a copy to the defense to verify that the defendant’s criminal record is accurate. After calculating the offense levels of the underlying charges, the offense levels of the defendant’s prior criminal record, and other potential enhancements, the score sheet will list the lowest permissible sentence, or “bottom of the guidelines” sentence.

The judge is required to, at a minimum, sentence you to the bottom of the guidelines sentence upon an open plea or a conviction at trial. However, Florida law lists several mitigating factors that could qualify you for a “downward departure” from the bottom of the guidelines sentence. If you are able to successfully argue to the judge that one of the statutory mitigating factors applies to your case, the judge will have the discretion to go below the bottom guidelines sentence giving you the ability to avoid a prison sentence.

If you or someone you know has been sentenced to the bottom of the line guidelines upon an open plea or conviction at trial, call an experienced criminal defense attorney. At Hubbs Law Firm, we have offices in South Miami, on Sunset Drive and an office in North Miami, located on 123^rd Street. Our firm takes cases in Miami-Dade County in the surrounding cities of Coral Gables, South Miami, Pinecrest, Dadeland, Kendall, The Crossings, and Palmetto Bay, Florida.

Call (305) 570-4802 now to schedule an appointment to speak one-on-one with one of our Miami sentencing hearing attorneys.

Mitigating Factors for Downward Departure

Under Florida Statute § 921.0026, the following mitigating factors represent a non-exhaustive list of statutory factors that the judge can consider during a motion for a downward departure:

1. The departure results from a legitimate, uncoerced plea bargain
2. The defendant was an accomplice to the offense and was a relatively minor participant
3. The capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of law was substantially impaired
4. The defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addition or for a physical disability, and the defendant is amenable to treatment
5. The need for payment of restitution to the victim outweighs the need for a prison sentence
6. The victim was an initiator, willing participant, aggressor, or provoker of the incident
7. The defendant acted under extreme duress or under the domination of another person
8. Before the identity of the defendant was determined, the victim was substantially compensated
9. The defendant cooperated with the State to resolve the current offense or any other offense
10. The offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse
11. The defendant was too young at the time of the offense to appreciate the consequences of his or her actions
12. The defendant is sentenced as a youthful offender
13. The defendant’s offense was a nonviolent felony, scores 60 points or fewer, and the court determines that the defendant is amenable to the services of a post-adjudicatory drug treatment program and is otherwise qualified to participate in the program as part of the sentence
14. The defendant was making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug-related overdose