Arguments against extreme prison sentences by our Broward Criminal Lawyers make a strong point.
Whether a sentence is considered cruel or justified depends on the person giving an opinion. It is important to know your rights. The defense team to contact about cruel and unusual punishments in Florida are the Hollywood Lawyers of William Moore.
According to that legal section, an individual who fell victim to an assailant who was motivated to feed a drug addiction is certain to have far different views than the parent of a college student who is facing felony drug trafficking charges for possessing a bottle of prescription medication for which he or she was not prescribed. Criminal lawyer Moore recently elaborated after resolving a similar criminal case in Fort Lauderdale. While the aforementioned would most likely agree with a 25 year mandatory Florida prison sentence if serious injury was sustained, the parent could be expected to join one of the hundreds of special interest groups that push for lighter drug sentences by arguing that they are cruel and unusual.
A per se constitutional violation of the prohibition against cruel and unusual punishment does not occur merely because a defendant's sentence is both mandatory and severe. Nor is it unconstitutionally cruel and unusual punishment to impose a mandatory term of imprisonment without regard to the absence of prior convictions according to criminal defense lawyers in Hollywood,
Particular sentences in individual Florida cases which have been held not to constitute cruel and unusual punishment include—
- life imprisonment without the possibility of parole for the crime of penile union with the vagina of a girl less than 12 years of age, even though the defendant had no prior criminal record.
- life imprisonment without the possibility of parole for the crime of capital sexual battery whereby the defendant placed his mouth in union with an 11-year-old victim's vagina, even though the defendant did not penetrate the victim's sexual organ and there was no physical injury.
- two concurrent 10-year minimum mandatory sentences and two concurrent 25-year maximum sentences for the sale of cocaine and possession of cocaine with intent to sell, following a previous violent felony conviction.
- concurrent 75-year terms of imprisonment for two convictions of the sale of cocaine within 1,000 feet of a school, imposed on an habitual, violent felony offender.
- a minimum sentence of 25 years of imprisonment for each of a defendant's seven convictions for trafficking in 28 or more grams of oxycodone, even though the defendant had no prior criminal history and the crime was not a violent crime.
- consecutive five-year sentences for possessing cocaine and resisting arrest with violence, even though the defendant allegedly would have received a maximum of 83 months under prior sentencing guidelines.
- life imprisonment without the possibility of parole imposed on a defendant for felony robbery crimes the defendant committed as a juvenile, where the defendant was initially placed on probation, and then committed at least two more armed robberies, and was given the opportunity to rehabilitate and failed to do so.
- life imprisonment for the possession of a firearm by a violent career criminal.
- a sentence of 15 years for escape.
- a sentence of 10 years for a habitual offender convicted of felony driving without a license.
If you are facing a felony or have already been charged, contact the Hollywood Fl criminal Lwyers at The William Moore Law Firm. We have years of experience and knowledge in criminal defense laws. Do not wait contact us today.
Addendum: recently the criminal defense attorneys at William more criminal defense argued against lawmaking that resulted in minimum mandatory sentences similar to the ones enacted in Florida specific to prescription medication. Currently the state law calls for mandatory sentences of almost twice the length of the federal statutes when it comes to convictions for offenses amounting to little more than possession of a bottle of pills without a prescription.
Criminal lawyer William Moore has been aggressively arguing against the constitutionality of such sentences. Recently, the lawyers at William spoke on the 10 year anniversary commemorating a local Fort Lauderdale judge who sentenced a defendant below the minimum mandatory guidelines upon finding them to far exceed the crime. Criminal defense attorney William Moore noted that despite this judges valiant efforts she was ultimately appealed. The defendant in that case, who was subsequently resentenced will not be scheduled for release from prison until the year 2030 according to Hollywood Florida criminal lawyer William Moore.
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