Tampa Criminal Lawyer Blog
In Florida, the courts generally rely on sentencing guidelines when determining appropriate penalties in criminal cases. The courts can deviate from the guidelines, though, if they determine that doing so is necessary under the circumstances. Recently, a Florida court discussed the grounds for issuing an upward variance sentence in a robbery case in which the defendant appealed his sentence. If you are charged with a violent crime, it is smart to meet with a Tampa violent crime defense lawyer to determine your options for seeking a favorable result.
History of the Case
It is reported that the defendant was charged with attempted Hobbs Act robbery and using a firearm in relation to a crime of violence following an incident where, after accepting a ride from a driver, he attempted to rob the driver at gunpoint. A struggle ensued, and the defendant shot at the driver’s car as the driver fled, but no one was injured. The defendant pleaded guilty to the robbery charge, while the firearm charge was dismissed. The Presentence Report (PSR) calculated the defendant’s total offense level as 24 and assigned four criminal history points based on prior convictions, placing him in Criminal History Category (CHC) III, which resulted in a sentencing guidelines range of 63 to 78 months.
Allegedly, the government sought an upward variance due to the defendant’s escalating criminal behavior, while the defense requested a sentence within the guideline range. The district court sentenced the defendant to 120 months imprisonment, significantly above the guideline range, and three years of supervised release. The defendant appealed, challenging the calculation of his criminal history category.
Upward Variances in Florida Criminal Sentences
On appeal, the court first reviewed whether the district court committed a plain error in calculating the defendant’s criminal history. It found that the district court erred in assigning four criminal history points because the defendant’s prior convictions, where adjudication was withheld, should have only resulted in two points. This error placed him in CHC III instead of CHC II, which would have lowered the guidelines range to 57 to 71 months.
However, the court concluded that this error did not affect the defendant’s substantial rights because the district court had imposed a sentence significantly higher than any possible guidelines range. The court emphasized that the sentencing judge found the defendant’s criminal history underrepresented and noted the seriousness of the offense.
The court also reviewed the sentence’s procedural and substantive reasonableness, determining that, although the guidelines range was miscalculated, the district court acted within its discretion by imposing a sentence far below the statutory maximum of 20 years. Given the defendant’s criminal history and the facts of the case, the appellate court held that the 120-month sentence was reasonable and affirmed the district court’s decision.
Meet with a Trusted Tampa Criminal Defense Lawyer
If you are charged with robbery or another violent crime, it is critical to understand your options, and you should meet with an attorney as soon as possible. The trusted Tampa violent crime defense lawyers at Hanlon Law can evaluate your charges and help you determine the best manner to proceed in pursuit of your desired outcome. You can reach Hanlon Law using our online form or by calling 813-228-7095 to arrange a conference.