The U.S. Supreme Court in Miller v. Alabama held that the Eighth Amendment of the United States Constitution prohibits sentencing guidelines that require life imprisonment without parole for juvenile offenders. In response, the Florida legislature passed a new set of guidelines for sentencing people convicted of Florida juvenile crimes. The…
Prosecutors are tasked with proving a defendant’s criminal intent for certain crimes. Often, Florida violent crimes with an intent component also carry a harsher sentence. For instance, aggravated battery requires proof of a specific intent to cause great bodily harm, whereas felony battery does not. In a recent Florida appeals…
The Florida legislature recently passed an expanded version of Florida Statute section 776.032, or as it’s more commonly known, the Florida stand-your-ground law. The revised law shifts the burden of proof from the defendant, asserting the stand-your-ground defense, to the prosecution. Specifically, when a defendant raises a stand-your-ground defense, the…
It’s well-established that the quantity of a controlled substance affects the sentencing of a person accused of a Florida drug crime. For instance, Florida Statute Section 893.135(1)(f) establishes tiers of increasingly severe minimum sentences and fines for meth trafficking, based on the quantity of meth discovered. In a recent Florida court…