Can the State Appeal a Sentence in a Domestic Violence Case?

Florida prosecutors go to significant lengths to prosecute individuals accused of domestic violence and related crimes. And while the state cannot appeal a jury verdict of “not guilty” acquitting a defendant of such charges, in some cases it can appeal a trial judge’s decision to impose a sentence that falls below the minimum required by Florida’s sentencing guidelines.

Appeals Court Rejects Probation-Only Sentence for Man Charged With Kidnapping Wife, Children

A recent decision from the Florida Fifth District Court of Appeals, State v. Hauter, [include proper legal citation either here or in footnote for this case] addresses this question.  The state charged the defendant in this case with nine crimes involving his estranged wife and their children. In brief, prosecutors alleged the defendant broke into his wife’s house while their divorce case was pending. He proceeded to force her into her car with their two children. The wife then jumped out of the car when she spotted the police. A police chase followed, ending in the defendant’s arrest.

The defendant ultimately pleaded “no contest” to multiple charges. At sentencing, the state recommended a sentence of 10 years in prison. The defendant asked for probation. Under Florida’s sentencing guidelines, the minimum sentence was just under 8 years.

The trial judge decided to make a downward departure from the guidelines and sentenced the defendant to 2 years of community control followed by 15 years of probation. The state appealed the sentence.

Under Florida law, a downward departure from the required minimum sentence is prohibited unless the trial court finds there are “circumstances or factors that reasonably justify” such an action. The burden of proof is on the defendant to establish the existence of such circumstances or factors.

In this case, the Fifth District found the defendant failed to meet one of the statutory factors required for a downward departure. Florida law only permits a downward departure when it “results from and is a part of a plea agreement jointly recommended to the trial court by both the State and a defendant.” In other words, the prosecution and the defense agree to a below-guidelines sentence as part of a plea bargain.

Here, the defendant entered what is called an “open” plea, meaning there was no agreed-upon sentence. The parties only agreed that the defendant would receive a maximum sentence of 15 years. But they never agreed to a minimum. As such, the trial court had no legal authority to sentence the defendant to less than the 8 years required by law.

The Fifth District also rejected the trial court’s determination that the defendant’s wife was an “initiator, willing participant, aggressor, or provoker of the incident,” which is another factor that trial courts used to justify a downward departure. Even if the defendant’s wife contributed to the deterioration of the parties’ overall relationship, the appellate court said it was “difficult to perceive how [the defendant’s] wife could be a willing participant to her own kidnapping, the burglary of her residence, and [his] battery of her.”

Contact a Fort Lauderdale Domestic Violence Lawyer Today

A domestic violence accusation can follow you for the rest of your life. That is why it is essential to work with a skilled Fort Lauderdale domestic violence attorney who can defend your rights in court. Call Haber | Blank LLP today at 954-767-0300 to schedule a consultation.

Source:

scholar.google.com/scholar_case?case=4764865682112885995