Can a Mental Health Disorder Lead to a Reduced Criminal Sentence in Florida?

In Florida, judges have broad discretion when sentencing a defendant convicted of a crime. While criminal offenses have a “lowest permissible sentence,” a judge can decide to make a downward departure from that minimum if two conditions are met. First, there must be a valid legal ground, as well as adequate factual support for that ground, to justify a downward departure. Second, the judge must determine whether a downward departure is the best sentencing option for that particular case.

Appeals Court Orders Re-Sentencing in Child Pornography Case

It is important for judges to decide each sentencing on the merits of that case. A judge cannot impose a blanket policy of refusing downward departures in certain types of cases. For example, Florida appeals courts have repeatedly reversed trial judges who refused to make downward departures in cases where the defendant’s crimes involved child pornography.

In fact, the Florida Fourth District Court of Appeal recently issued such a ruling. In Coniglio v. State, [include proper legal citation either here or in footnote for this case]the defendant pleaded guilty to 100 counts of possession of child pornography. At sentencing, the defendant asked for a downward departure, citing his mental disorder as grounds for leniency.

Florida’s sentencing laws permit a downward departure based on evidence that the defendant “requires specialized treatment for a mental disorder” other than those related to substance abuse, addiction, or a physical disability. Here, the defense presented evidence from two mental health experts who testified the defendant suffered from post-traumatic stress disorder and other mental health issues arising from sexual abuse during his childhood.

The trial judge ultimately declined to issue a downward departure, however, citing his personal history handling other cases involving child pornography. The judge imposed a sentence of more than 111 years in prison.

On appeal, the Fourth District held the trial court abused its discretion. First, the trial court erred in determining there was no legal grounds for a downward departure. The judge believed that since the defendant’s PTSD and related disorders had no relation to his crime, they could not be cited as grounds for leniency. The Fourth District said that was not the case. The statute only requires that the defendant “have a mental disorder requiring specialized treatment unrelated to substance abuse.”

Second, the judge’s comments regarding his own personal history with handling child pornography cases demonstrated a clear bias that prevented him from impartially sentencing the defendant. As such, the Fourth District said the defendant was entitled to a new sentencing hearing before a different judge.

Contact a Fort Lauderdale Sex Crimes Lawyer Today

Prosecutors, judges, and juries are often harsh when it comes to dealing with people accused of sex crimes. But no matter what you have been accused of, you still have the right to a fair trial before an impartial judge and jury. That is why it is so important to work with an experienced Fort Lauderdale sex offense lawyer who can assertively represent you in court. Call Haber | Blank LLP today at 954-767-0300 to schedule a consultation.

Source:

4dca.flcourts.gov/content/download/2442975/opinion/Opinion_2023-1484.pdf