Legal Question in Criminal Law in Florida

sentencing issues

Is it constitutionally legal for a person to receive a prison sentence for 8.5 years, followed by 1 year community control, followed by 5 years of probation for a first time offender for a second degree felony in the State of Florida?


Asked on 5/06/09, 10:17 am

1 Answer from Attorneys
Kendall Horween Kendall L. Horween, P.A.

Re: sentencing issues

A second degree felony allows for a maximum statutory sentence of 15 years (it could actually be higher depending on circumstances).

The sentence you describe comes to 14.5 years. The fact that this is a person's first offense is an issue for negotiation or mititgation during sentencing. A Court can sentence anyone to the 15 years and do so by way of a "split sentence" which is what has happened in this case.

Read more
Answered on 5/06/09, 3:29 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida