Convicted of attempted murder, attempted rape and attempted kidnapping. First offense. How much time are you facing?

Asked 8 months ago - Jacksonville, FL

No previous arrest. No previous record.

Attorney answers (5)

  1. Michael Adam Haber

    Pro

    Contributor Level 20

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    Answered . Sentencing in FL is accomplished with the assistance of a sentencing guidelines scoresheet and basically boils down to a mathematical formula. Without knowing the specific charges (i.e. attempted _____ murder; attempted ______ sexual battery by a ___ y/o against a ____ y/o - there is no "rape" in FL), whether there was a weapon used, if so what type, whether there was any victim injury or not, whether you have any priors or not and whether any other guideline enhancements apply, sadly, I cannot give you specific parameters.

    I can say that even in the most basic of circumstances you would likely be facing a minimum of 35 years (assuming that there were no weapons, no injuries and the sex batt victim was over 12), but, again, I cannot be certain without knowing more.

    First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq.... more
  2. Christi Daisey-Snyder

    Contributor Level 7

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    Lawyer agrees

    Answered . These charges carry heavy penalties. That being said, under Florida law a scoresheet is required which calculates a minimum sentence under the law. However I do not have enough facts about what occurred. There may be an exception to the guidelines that can be argued at sentencing in your case which may allow the court to deviate from the guidelines and offer a lower sentence or aggravating factors which would allow the court to enhance your sentence. As a local criminal defense firm we cannot emphasize enough how important it is for you to contact a local law firm who have experience with the judges and state attorneys involved in your case and therefore have a better idea of what you are facing and what is the best argument at sentencing.

    The legal information provided is for general informational purposes only and is not intended to be legal advice.... more
  3. Stephen Andrew Mosca

    Pro

    Contributor Level 17

    Answered . You say "convicted" and i presume that to mean the defendant was found guilty at trial. That means the court will sentence the defendant. As others have mentioned, there are guidelines and in some cases minimum/mandatory sentences to contend with, but in any sentencing, the defense can put on mitigating evidence and factors that can help justify a judge giving less than what might otherwise have been given.

    I \have not and will not look up the exact guideline score or statutory sentencing laws involved - that's the job of the defendant's lawyer, but if there is any wiggle room ion the sentence, then his or her lawyer should bring those to the attention of the sentencing judge in order to get the best possible outcome. Sometimes, a different lawyer is hired just for sentencing, one that can do the best with what mitigation exists. Sentencing requires a different approach than defending charges, in many cases, and not all lawyers are equally adept at shifting their approach to make the best of a sentencing hearing.

    Contact the existing lawyer to ask about mitigation and the plan for sentencing and consult with other law firms to compare their approaches. Good luck to you.

    The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca... more
  4. Anthony Michael Solis

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Probably a lengthy, if not life sentence.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  5. Thomas G. Briody

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . For those crimes, the argument of " first offense" is not much of a mitigating factor. These charges carry heavy jail. How much jail will depend on many factors, the advocacy of defense counsel, and the attitude of the sentencing judge.

    The response I have provided is general in nature, and does not create an attorney-client relationship. My... more

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