For young people who meet criteria to be sentenced as a “Youthful Offender,” Florida Statute 958.04 gives trial judges wide latitude in sentencing. Many crimes have mandatory minimums which, but for Youthful Offender, would limit a judge’s ability to impose a low sentence. Some cases don’t meet criteria for a Youthful Offender designation. And the judge is never required to hand down a Youthful Offender sentence. However, in many cases, young defendants can receive lower sentences, more geared towards rehabilitation, when such a sentence would unavailable to an older defendant facing the same charge(s).

Under Florida 958.04, a “Youthful Offender” is:

• A person younger than 21 years old at the time of the crime

• Has not been previously sentenced as a Youthful Offender

• Found guilty of an adult Florida felony that is not a Capital or Life Felony.

If a judge decides to sentence a person as a Youthful Offender, then the judge can impose sentences ranging from probation to a maximum of 6 years incarceration. Importantly, if a Youthful Offender violates this type of probation, the judge may sentence the Youthful Offender to any lawful sentence the judge could have at the beginning of the case. In other words, the 6-year cap on sentences in not locked in until the full sentence is complete.

Youthful Offender designation is often a way for young defendants to be spared from the severe consequences that an older defendant would be facing. However, even if a person qualifies as a Youthful Offender, it does not necessarily mean a judge is willing to impose such a sentence, even if the judge is able to do so. In addition, being sentenced as a Youthful Offender is not always the best option, even if the person qualifies and the judge is willing to do it.

Sentencing can be complicated and should be considered in the full context of the case to determine the best course of action.

If you or a loved one is facing the possibility of being sentenced as a Youthful Offender and you are seeking the assistance of an attorney experienced in these types of cases, contact me today.

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