Understanding Youthful Offender Sentencing in Florida

Navigating the complexities of the criminal justice system can be daunting, especially for young offenders. If you are looking for a Tampa attorney to represent a loved one seeking sentencing as a juvenile or Youthful Offender, Rocky Brancato of the Brancato Law Firm, P.A. has decades of experience in this area. Florida’s Youthful Offender Act provides an alternative sentencing option aimed at rehabilitation rather than punishment. It falls short in this objective but provides a pathway to a lesser sentence with some rehabilitative benefits. The Florida Youthful Act was enacted in 1978 and has undergone several amendments. Here’s a comprehensive overview of the statute and its implications.

The Statute

Florida Statute 958.04 outlines the judicial disposition of youthful offenders. This statute allows the court to sentence individuals as youthful offenders under specific conditions. The stated purpose of the Act is to “to improve the chances of correction and successful return to the community of youthful offenders sentenced to imprisonment by providing them with enhanced vocational, educational, counseling, or public service opportunities and by preventing their association with older and more experienced criminals during the terms of their confinement.” The statute creates an alternate option rather than a juvenile or pure adult sentence.

1. Eligibility Criteria:

• The individual must be at least 18 years old or transferred for prosecution to the criminal division of the circuit court.
• The crime must be a felony committed before the individual turned 21.
• The individual must not have been previously classified as a youthful offender.
• Capital or life felonies are excluded from youthful offender sentencing.

2. Sentencing Options:

• Probation or Community Control: Up to 6 years, with or without adjudication of guilt.
• Incarceration as a Condition of Probation: Up to 365 days in a county facility, probation and restitution center, or community residential facility.
• Split Sentence: Combination of incarceration and probation/community control, not exceeding 6 years in total.
• Commitment to Custody: Up to 6 years, with potential for early termination or modification based on successful program participation.

3. Additional Provisions:

• Sentences cannot exceed the permissible range established by the Criminal Punishment Code unless justified in writing.
• The Legislature has mandated the construction of a basic training program facility to address prison overcrowding.
• There must be special training programs for staff involved in the basic training program.

Judicial Discretion

Judges have significant discretion in imposing youthful offender sentences. See Reynosopena v. State, 283 So. 3d 1277 (Fla. 4^th DCA 2019). It is important to have a strong Tampa Attorney to bring out all of the relevant factors before the court to obtain your best result.

Violation of Probation

Youthful offenders who violate probation or community control face serious consequences:

1. Technical Violations (failing to comply with conditions of probation): Can result in up to six years in Florida State Prison.
2. New Criminal Offenses: Can lead to re-sentencing under the adult Criminal Punishment Code, potentially resulting in the maximum allowable prison sentence.

Relevant Case Law

Several key cases have shaped the application of the Youthful Offender Act:

• Mendez v. State, 835 So. 2d 348 (4th DCA 2003) Mandatory minimum terms and fines are impermissible under the Youthful Offender Act.
• Sloan v. State, 884 So. 2d 378 (Fla. 2d DCA 2004): Court may withhold adjudication under the Youthful Offender Act, even for a charge like DUI manslaughter, which does not allow for withheld adjudication for a regular adult sentence.
• Ruth v. State, 949 So. 2d 288 (Fla. 1^st DCA 2007): Youthful offender sentencing can be applied to armed robbery with a firearm, avoiding the 10-20-Life statute.
• Postell v. State, 971 So. 2d 989 (Fla. 5^th DCA 2008): Defendants are entitled to new sentencing hearings if youthful offender sentencing was mistakenly believed to be unavailable.
• Vantine v. State, 66 S0. 3d 350 (2nd DCA 2011): Youthful offender status must be maintained upon resentencing after probation violations.
• Eustache v. State, 248 So. 3d 1097 (Fla. 2018): Minimum mandatory sentences must be imposed upon revocation of probation for substantive violations.
• McDuffey v. State, 286 So. 3d 364 (1st DCA 2019): Youthful offender offenses can be considered for PRR enhancement.

Conclusion

The Youthful Offender Act offers young offenders a chance to receive rehabilitative rather than punitive sentences. However, these sentences are still considered adult sentences and will remain on the offender’s record for life. Additionally, courts can impose juvenile sanctions on individuals who committed offenses before turning 18, even if they are charged as adults. This is almost always a better resolution, but requires a level of preparation, skill and persuasion.

Tampa Attorney Rocky Brancato of the Brancato Law Firm, P.A. Can Help Your Young Loved One Have their Best Shot of Receiving  Juvenile or Youthful Offender Sanctions

Rocky Brancato, an experienced Tampa attorney, can position your loved one to receive his or her best shot at favorable sentencing under the Youthful Offender Act. This process involves extensive preparation, such as gathering school and medical records, undergoing evaluations, interviewing family and other adults, and crafting a compelling treatment plan for the judge. Understanding eligibility criteria, sentencing options, and relevant case law is crucial for navigating this legal landscape. If a young, loved one is facing charges, hiring an experienced attorney at the Brancato Law Firm, P.A. can help ensure the best possible outcome. Call us today at 813-592-8981 to schedule your free consultation.