Can You Get Less Than The Minimum Sentence If You Take A Plea Deal?
“Mandatory minimum sentence” is one of the scariest phrases you can hear if you are a defendant in a criminal case. It means that, no matter how much the judge empathizes with you and wants to help you, the judge must sentence you to five years in prison if you get convicted of an offense where the law says that the mandatory minimum sentence is five years in prison. This is why so many defendants take plea deals, because the plea deal often involves reducing the charges to an offense without a mandatory minimum sentence, or at least with a less draconian one. Mandatory minimum sentences are also why a man in California is serving life for stealing nine VHS tapes from K-Mart and why a woman in Texas is serving life for her sixth DUI, despite the fact that she never caused an accident while under the influence of alcohol. The good news is that Florida’s Criminal Punishment Code now determines sentences based on a point system, rather than on minimums that are set in stone. Before you decide to accept a plea deal, you should thoroughly talk over the sentencing implications with a Tampa criminal defense lawyer.
Downward Departure in Sentencing in Florida Criminal Cases
A physician from South Florida pleaded no contest in the spring of 2026 to possession of more than 100 images of sexual abuse of minors who appeared to be between the ages of eight and 13. A no contest plea is where the defendant accepts a criminal penalty without admitting fault for the crime. People often do this when they fear that they will face civil lawsuits in connection to the crime; a guilty plea in the criminal case means an automatic ruling in favor of the plaintiff in the civil case, but a no contest plea means that the civil court may rule in favor of either party.
When the Local 10 news website published its report about the case, the court had not yet handed down a sentence. The defendant’s lawyer had requested a downward departure of sentencing, which is where the court reduces the number of sentencing points. In the physician’s case, the lawyer justified the request for a downward departure by arguing that the defendant had a mental disorder, although the news report did not give any additional information about his diagnosis. The lawyer also pointed out that the defendant has never previously had any problems with this law before the present case, which happened when he was in his early 60s. Factors that affect the number of points include whether the defendant has a prior criminal history or is currently on probation, whether the defendant has any other pending cases, and whether the crime caused physical injuries and, if so, how severe those injuries were.
Contact Tampa Criminal Defense Attorney Bryant Scriven
A criminal defense lawyer can help you get justice if you are facing criminal charges and want to reduce your criminal penalties through a downward departure of sentencing. Contact Scriven Law in Tampa, Florida to schedule a consultation.
Source:
local10.com/news/local/2026/05/28/ex-doctor-pleads-no-contest-in-broward-child-sexual-abuse-material-case-records-show/
