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What is the difference between a determinate and indeterminate sentence and which one applies to armed robbery?

Daytona Beach, FL |

and are the courts in the daytona/flagler area very unforgiving with sentences for something like this? even if the offender has no prior felonies and says they had no involvment?

-will the sentence be more harsh if this person takes this to trial and loses

Attorney Answers 4


  1. In any court in the State of Florida, an armed robbery is considered a serious crime for which those charged and convicted usually are sent to prison. You should hire an experienced attorney immediately.


  2. In any court in the State of Florida, an armed robbery is considered a serious crime for which those charged and convicted usually are sent to prison. You should hire an experienced attorney immediately.


  3. Determinate sentences are fixed in length, such as "10 years" in prison, whereas indeterminate sentences have a range, such as "5 to 10" years in prison. Even if a criminal defendant is given the normal determinate sentence, he may be released from prison (or jail if the sentence is for less than one year) earlier due to good behavior, overcrowding, etc.

    Armed robbery is a very serious accusation. It is a felony, and all felonies are "serious" crimes (as opposed to misdemeanors). Armed robbery is VERY serious. If you plea or are found guilty by a jury at trial, expect to go to prison even if you do not have a criminal record. Generally speaking, sentences are longer in conservative areas, shorter in more liberal areas. Relative to the surrounding counties, Volusia County (and especially Daytona Beach) is liberal, wheras Flagler County is conservative. Of course, the facts of the case determine the sentence above all else.

    Judges will always tell defendants that they will not be treated differently if there is a trial and the defendant does not prevail. However, typically the prosecutor's office revokes its plea offer that it had prior to the trial and then asks for something harsher at sentencing. Judges go by the prosection's recommendation much of the time, with any deviation being slight.


  4. Generally, sentencing is within the sole discretion of the criminal court after trial and the court is not bound to follow the recommendations of the state or defense.

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