St. Petersburg Criminal Lawyer Blog
In Florida, convictions for sex crimes typically result in substantial penalties. In some instances, a criminal defendant will try to seek a downward sentence by highlighting mitigating factors in their favor. The Florida courts are not required to reduce sentences due to such factors, though, as illustrated in a recent Florida case. If you are charged with sex offenses, it is wise to confer with a St. Petersburg sex crime defense attorney to determine your options.
Factual and Procedural Background
It is alleged that the defendant was charged with numerous sex crimes involving minors, including creating, distributing, and possessing child pornography and transferring obscene materials to a minor. He entered guilty pleas to all of his charges without a plea agreement. Prior to sentencing, a presentence investigation report (PSI) was prepared describing his conduct. Specifically, it noted that he created videos of children being sexually abused, distributed them, and attempted to meet with up someone he thought was a thirteen year old child.
Reportedly, the advisory guidelines range the defendant’s charges was set at the statutory maximum of 960 months’ imprisonment, with a statutory minimum term of 180 months’ imprisonment. The defendant sought a downward variance from the guideline range to the statutory minimum, citing his difficult personal background marked by his mother’s alcoholism, mental health issues, and struggles with substance abuse. He argued that his mitigating circumstances warranted a lower sentence.
Allegedly, despite the defendant’s arguments, the district court imposed a downward variance, sentencing him to 600 months’ imprisonment, emphasizing the seriousness of his behavior. The defendant appealed, objecting to the substantive reasonableness of the sentence.
Determining Whether a Sentence is Reasonable
On appeal, the court affirmed the defendant’s sentence. The court noted that the defendant argued that his 600-month sentence, which fell below the guideline range, was substantively unreasonable as it exceeded what was necessary to protect the public and serve the goals of sentencing. He further contended that considering his mitigating factors, such as his difficult personal history and improvements since his arrest, a sentence between the statutory minimum and the probation-recommended term would have been more appropriate. Additionally, he claimed that his sentence resulted in an unwarranted disparity.
The court explained that it reviews the reasonableness of sentencing decisions under an abuse-of-discretion standard, considering relevant factors and statutory requirements. Despite the defendant’s arguments, the court found that the district court did not abuse its discretion in imposing the 600-month sentence. In doing so, it noted that the sentence was well below both the guideline range and the statutory maximum, which supported the assertion that it was reasonable. Thus, the court ultimately affirmed the sentence, emphasizing the seriousness of the offense and the need for adequate punishment and deterrence, particularly in cases involving child sex crimes.
Meet with a Capable Florida Criminal Defense Attorney
People faced with sex offense charges are often worried about the impact such charges may have on their lives, but many people accused of sex crimes are ultimately found not guilty. If you are charged with a sex offense, it is smart to meet with an attorney regarding your defense. The capable St. Petersburg sex crime defense lawyers of Hanlon Law understand the complexities of these cases, and we can assess the details of your situation and help you build a strong defense strategy. You can use our online form or call us at 727-897-5413 to schedule a conference.