Youthful Offender Sentencing in Florida
Florida has enacted an alternative sentencing scheme for youthful offenders who committed a felony offense before their 21st birthday. [1]
Eligibility for Youthful Offender Sentencing
A court has the discretion to impose a Youthful Offender sentence under the following circumstances:
- The defendant was younger than 21 years of age on the day the crime was committed;
- The defendant was found guilty of, or pled nolo contendere or guilty to, any non-capital or non-life felony crime; and
- The defendant has not previously been sentenced as a youthful offender.
Youthful Offender Sentencing Disposition
Before a person can be sentenced as a Youthful Offender, a court must:
- Determine that a person qualifies for Youthful Offender sentencing; and
- Agree to exercise the discretion to impose a Youthful Offender sentencing
If both of these conditions exist, the court may impose any combination of the following penalties notwithstanding the mandatory minimum prison sentence required under the adult Criminal Punishment Code.
- Up to six (6) years of probation or community control.
- Up to 365 days of incarceration as a condition of probation or community control, which shall be served in either a:
- County Jail Facility;
- Department Probation and Restitution Center; or
- Community Residential Facility
- A split sentence of prison and probation, with the prison term not to exceed four (4) years and the total sentence not to exceed six (6) years.
- Up to six (6) years prison.
Adjudication
If a court sentences a Youthful Offender to probation, community control, or jail as a condition of probation or community control, a judge may, but is not required to, withhold adjudication of guilt; thereby allowing the youthful offender’s civil rights to be maintained.
Youthful Offender Sentencing Limitations
Violation of Probation
If a person placed on probation or community control under the Youthful Offender Act commits a technical violation of probation, such as absconding or failing to complete a behavioral improvement course, the person may be sentenced up to six (6) years in prison if found in willful violation of probation.
However, if a person placed on probation or community control under the Youthful Offender Act commits a new criminal offense while on probation or community control, the person can be resentenced up to the maximum allowable prison sentence under the adult Criminal Punishment Code notwithstanding their original designation as a Youthful Offender. [2]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with a crime in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.