Departure Hearings
Under Fla. Stat. 921.006, a sentencing judge can “depart,” or impose a sentence less than the “lowest permissible sentence,” in many, but not all, cases.
So long as a departure is not prohibited based on other sentencing laws, such as 10-20-Life, a sentencing judge can depart in the following circumstances:
Plea Bargain with the prosecutor
Defendant was an accomplice and relatively minor participant in the criminal conduct
Defendant’s capacity to appreciate the criminal nature of his or her conduct or to conform their conduct to the requirements of law was substantially impaired
Defendant requires specialized treatment for a mental disorder unrelated to substance abuse or addiction or for a physical disability, and the Defendant is amenable to treatment
The need repay damages to the victim outweighs the need for a prison sentence
The victim was an initiator, willing participant, aggressor, or provoker of the incident
Defendant acted under extreme duress or under the domination of another person
Before the identity of the Defendant was determined, the victim was substantially compensated
Defendant cooperated with the state to resolve the current offense or any other offense
Defendant committed the offense in an unsophisticated manner and was an isolated incident for which the Defendant has shown remorse
At the time of the offense the Defendant was too young to appreciate the consequences of the offense
The defendant is to be sentenced as a Youthful Offender
Non-violent felony, Defendant scores 60 points or fewer, and is amenable to a post-conviction drug court treatment program
Defendant was making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug-related overdose
