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TAMPA CRIMINAL LAWYER BLOG

Florida Court Discusses Requirements for Imposing an Enhanced Sentence

by Hanlon Law

Florida’s sentencing guidelines set forth the minimum and maximum sentences that may be imposed for specific crimes. In addition to the standard sentence, the guidelines allow for enhancements if certain elements are met. There are requirements that must be met before an enhanced sentence can be imposed, however, as explained in a case recently decided by the...

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Posted in: Aggravated Assault, Aggravated Battery, Sentencing

Court Analyzes What Constitutes a Willful Violation of Probation Under Florida Law

by Hanlon Law

Under Florida law, if a defendant is convicted of a crime, the penalty imposed will depend on several factors, including the nature of the crime, the defendant’s criminal history, and the likelihood the defendant will commit another criminal offense. In some cases, the court will sentence a defendant to probation in lieu of jail time....

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Posted in: Probation Violations, Sentencing

Florida Court Explains State’s Burden of Proof at Probation Revocation Hearings

by Hanlon Law

Criminal defendants who plead guilty or no contest to criminal charges or are convicted of crimes following a trial may be sentenced to a term of probation in lieu of incarceration. Standard terms of probation typically include the requirement that the defendant refrains from violating any laws or committing any new offenses. If the State...

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Posted in: Probation Violations, Sentencing

Federal Court Rules Florida Attempted Murder is a Violent Crime for Purposes of Imposing an Enhanced Sentence

by Hanlon Law

Under the Armed Career Criminal Act (ACCA), if a person convicted of a crime is deemed a career criminal, he or she may face increased penalties. The United States Supreme Court recently ruled in Johnson v. United States, that the residual clause in the ACCA was unconstitutionally vague. As such, offenders previously sentenced to increased prison terms...

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Posted in: Murder, Sentencing

Florida Court of Appeals Overturns Conviction After Defendant’s Attorney Does Not Comply with the Defendant’s Wishes to Withdraw his Plea

by Hanlon Law

A defendant charged with a crime in Florida can enter any plea provided for by the law. While a person charged should not enter a plea without thoroughly weighing the consequences, in some cases even if a plea was entered after careful consideration a defendant may wish to change his plea. Under Florida law, a defendant...

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Posted in: Plea, Sentencing

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