Will I be sentenced to jail or prison?

Every criminal offense carries with it the posibility of incarceration. The maximum possible penalties (absent any applicable enhancements) for most offenses are found in Section 775.082, Florida Statutes. Of course, just becuase there is a maximum POSSIBLE sentence does not mean that a person wil be sentenced to that maximum possible sentence.

Whether an accused is sentenced to jail or prison depends upon a great many factors. A court will look at the totality of the circumstances to determine an appropriate sentence if one has not already been agreed upon by the defense and the prosecuting authority. In many cases, one might even say the majority of cases, the defense and the prosecution are able to negotiate what is known as a plea agreement by which they agree to a sentence that does not involve jail or prison. For example, it is not uncommon that a sentence of probation is negotiated.

An accused's prior criminal record can play a major role in whether or not jail or prison will be imposed. The greater an accused's prior criminal record, the greater the chance incarceration may be imposed.

In some cases, certain minimum mandatory penalties apply. A minimum mandatory penalty is one that the legislature has specified as being a minimum penalty that the court cannot deviate below unless the prosecuting authority has agreed to do so. Minimum mandatory penalties of incarceration must be served day-for-day, meaning that the is no time off for good behavior (commonly referred to as "gain time"). Thus, when a 10 year minimum mandatory penalty is imposed, the accused will truly serve every day of the 10 years. There are ways to avoid minimum mandatory sentences. For example, if the prosecution agrees to a sentence below the minimum mandatory sentence or if the accused is sentenced as a youtful offender.

In felony cases, there are sentencing guidelines that are applicable. Those guidelines sometimes call for minimum guidelines sentences of incarceration. Such minimum sentences can often be avoided by agreement with the prosecution, by sentencing the accused as a youthful offender or by demonstrating grounds for departure.

If you are charged with one or more criminal offenses and have questions concerning the liklihood of incarceration in your case and possible ways to avod incarceration, then Orlando criminal defense lawyer David A. Faulkner can help. Call today.