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Clearwater Criminal Defense Lawyer > Blog > Criminal Defense > What Is A Downward Departure?

What Is A Downward Departure?


Offenders who are given a downward departure are receiving a sentence that is lower than the expected consequences. It is only possible in certain situations and not all offenders are eligible for a Florida downward departure, but it is important you understand all of the different scenarios that could apply to your case, so discussing how departure sentences work with an attorney may be beneficial.

If you or someone you care about is facing changes in the Tampa area, connect with a Clearwater criminal defense lawyer. Seasoned attorneys are able to review the facts of your case and guide you toward the best approach given the details of your situation. There could be a range of legal approaches to review.

When a Downward Departure Is and Is Not Possible

There are certain situations when a downward departure is not possible. Under Florida law, these types of sentences are prohibited if the offense was a capital felony or carries minimum mandatory consequence. And when a downward departure is possible, the court will decide if there is enough grounds to make the departure sentence and if it is the best option available given the facts of the case.

Legal grounds that could lead to a Florida downward departure:

  • Defendant is very young
  • There is a willingness to enter a plea bargain
  • The accused party was not the main participant, they were an accomplice in the criminal act
  • Not having a full understanding of their participation in the crime
  • Restitution will be paid to remedy the situation
  • Crime was provoked by the victim
  • There is remorse and the crime was an isolated occurrence
  • Full cooperation with law enforcement took place throughout the process
  • Treatment programs are willingly entered

These examples are not a full list of all circumstances that could result in a downward departure sentence. The court may determine a downward departure is the best solution due to the facts and evidence of the case.

Connect with a Dedicated Florida Defense Attorney

You do not have to face potential loss of freedom and other harsh consequences on your own. Being charged is incredibly scary and a Florida crime can carry life-changing penalties. To shield yourself from the worst outcomes and build your defense for an optimal result, connect with a Clearwater criminal defense lawyer. Once an attorney has listened carefully to your situation and reviewed the details of your case, they will share resolutions with you. If possible, they will file a downward departure motion on your behalf.

Are you scared at the level of consequences you could be facing following an arrest? Imprisonment, large fines, and other penalties can follow an arrest, depending on the crime. You do not have to go through the criminal justice process on your own, there are professionals available to defend your rights. Share your story with the legal team at King Law Group. With extensive experience, we can build a defense that aligns uniquely to your case. Build your defense today, schedule your free consultation.

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