FELONY
A conviction for a felony could have a major impact on your life. It would result in the loss of your civil rights, including your right to vote, your ability to sit on a jury, and your right to own, use, or possess a firearm. Felony drug charges that result in conviction normally cause the immediate two-year suspension of your privilege to drive. Convicted felons are often prohibited from employment in occupations involving the handling of money or valuables, as their honesty, and trustworthiness will forever be suspect. Equally, a felony conviction is a significant barrier if you later decide to pursue a professional discipline such as medicine, nursing, teaching, real estate sales, financial services, insurance, or the practice of law. Even if you are already licensed in a profession, a subsequent felony conviction would most likely trigger a review of your character and fitness and jeopardize both your license and your ability to continue to work within that field. Given these consequences, having criminal defense lawyer on your side is critical.
Felony charges are handled in Circuit Court and are assigned to one of nine different Circuit Court divisions. Each division is overseen by the judge assigned to that particular courtroom.
County Court Judges have great discretion in fashioning sentences for misdemeanor offenses. Whereas judges in the Circuit Court are restricted to some extent by the Florida Sentencing Guidelines. These guidelines dictate the range of a permitted sentence for any given felony offense. In most cases, the Judge is required to impose a sentence within that range. Felony sentences can involve punishments as varied as probation, house arrest, work release, county jail time, or incarceration within the state prison system. A proper determination of the appropriate sentencing range is based on calculating a numeric score. A sentencing range is generated based on many different factors specific to your charge. Each factor is given a different point value by the Florida Legislature. A mathematical formula is then employed to tally these points and to arrive at a sentencing range specified by the Guidelines. Some of the vital factors that are taken into account include:
Florida Statutes 921.002 sets forth the purpose of and scope of Florida’s felony Criminal Punishment Code. Numerous other factors are also taken into account in the scoring process. Because each case is different, it is quite possible for the sentencing range to differ from person to person even for the same charge.
There has been much criticism within the legal community that the Sentencing Guidelines fail to afford Florida judges with the necessary discretion in sentencing felony matters. If you are currently charged with a felony offense, you are subject to these same complex Punishment Code provisions. You need to consult with an experienced criminal defense attorney who has a firm understanding of proper score sheet preparation and sentencing guideline departure practices.
Depending on the facts of your case, The Hobson Law Firm may be able to help you minimize or even avoid many of the penalties associated with a felony charge. In many situations, our firm may be able to:
A felony charge is a multifaceted and severe matter. You need the assistance of an experienced and qualified criminal defense attorney during this time.
Felony charges are handled in Circuit Court and are assigned to one of nine different Circuit Court divisions. Each division is overseen by the judge assigned to that particular courtroom.
County Court Judges have great discretion in fashioning sentences for misdemeanor offenses. Whereas judges in the Circuit Court are restricted to some extent by the Florida Sentencing Guidelines. These guidelines dictate the range of a permitted sentence for any given felony offense. In most cases, the Judge is required to impose a sentence within that range. Felony sentences can involve punishments as varied as probation, house arrest, work release, county jail time, or incarceration within the state prison system. A proper determination of the appropriate sentencing range is based on calculating a numeric score. A sentencing range is generated based on many different factors specific to your charge. Each factor is given a different point value by the Florida Legislature. A mathematical formula is then employed to tally these points and to arrive at a sentencing range specified by the Guidelines. Some of the vital factors that are taken into account include:
- The level of offense assigned to the charge as dictated by the Florida Legislature.
- Whether you are currently facing more than one charge.
- If applicable, any injury and the severity of that injury suffered by the alleged victim.
- Prior criminal record and the seriousness of past convictions.
- Whether you were on probation or house arrest at the time, the new offense was alleged to have been committed.
Florida Statutes 921.002 sets forth the purpose of and scope of Florida’s felony Criminal Punishment Code. Numerous other factors are also taken into account in the scoring process. Because each case is different, it is quite possible for the sentencing range to differ from person to person even for the same charge.
There has been much criticism within the legal community that the Sentencing Guidelines fail to afford Florida judges with the necessary discretion in sentencing felony matters. If you are currently charged with a felony offense, you are subject to these same complex Punishment Code provisions. You need to consult with an experienced criminal defense attorney who has a firm understanding of proper score sheet preparation and sentencing guideline departure practices.
Depending on the facts of your case, The Hobson Law Firm may be able to help you minimize or even avoid many of the penalties associated with a felony charge. In many situations, our firm may be able to:
- Get the charge dropped through early intervention with the State by convincing them not to file charges, or to file a less serious charge then the one currently pending.
- Get the charge dismissed through a diversion program. Successful completion of a diversion program would result in the judge dismissing the charge against you.
- Avoid mandatory prison with a downward departure sentence.
- Provide facts and mitigating evidence presenting you in a more positive light to the judge hearing your case. These efforts could take advantage of a provision in the law that allows the judge to legally depart from the Sentencing Guidelines and impose a sentence that is less severe than otherwise called for by the law.
- Negotiate with the State and the court in an effort to secure a withhold of adjudication. Resolving your felony charge by securing a withhold of adjudication could be highly beneficial.
- Transfer your case into Drug Court where the emphasis tends toward treatment and rehabilitation as opposed to punishment by incarceration in either the county jail or state prison system.
- Re-calculate your score sheet and investigate the possibility that excess points were incorrectly assessed against you, illegally inflating your sentence.
- Sealing or Expunging Your Record. At the conclusion of your case, petition the court to seal or expunge all of the records related to your arrest.
A felony charge is a multifaceted and severe matter. You need the assistance of an experienced and qualified criminal defense attorney during this time.