Florida Law Question

cawacko

cawacko

Well-known member
I vowed to not start a thread on the Zimmerman-Martin trial but in reading an article this Florida law caught my attention.

""Because of the way Florida law imposes longer sentences for crimes committed with a gun, manslaughter could end up carrying a penalty as heavy as the one for second-degree murder: life in prison.""

For you lawyers here (or those in the know) any idea how many states can give life in prison for manslaughter charges? For you Florida residents have you heard of any getting life for a manslaughter charge? I'm not a lawyer and had never heard of a manslaughter conviction being for life hence the question.

(FWIW, I'm not trying to argue about the case I'm just curious about this law and I also apologize if this has already been discussed)


http://www.sfgate.com/news/us/article/Jury-in-Zimmerman-trial-may-consider-lesser-charge-4660165.php
 
Sorry, I need to explain. First offense with a gun is ten years, second twenth and so on.


Our prisons are full. :)
 
"10 - 20 - Life" is a little different than as described above. Its Florida Statute 775.087 I believe, I had one such case about 12 years ago....

Its basically a mandatory sentencing scheme whereby if you brandish a firearm during the commission of a forcible felony the judge is required to sentence you to a minimum of 10 years. If you fire that gun, the minimum is 20 and if you shoot someone the minimum is 25 with a permissible range of up to life.

So, unless there is an exception I have not thought of, GZ would be facing a minimum of 25 years if convicted.
 
Jarod said:
"10 - 20 - Life" is a little different than as described above. Its Florida Statute 775.087 I believe, I had one such case about 12 years ago....

Its basically a mandatory sentencing scheme whereby if you brandish a firearm during the commission of a forcible felony the judge is required to sentence you to a minimum of 10 years. If you fire that gun, the minimum is 20 and if you shoot someone the minimum is 25 with a permissible range of up to life.

So, unless there is an exception I have not thought of, GZ would be facing a minimum of 25 years if convicted.
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Fir manslaughter? Good lord you guys give away time like it is candy. In New Mexico, 3rd degree murder is considered voluntary manslaughter and the max you can get first offense is 3 years. tack on an extra year if you use a fire arm. Involuntary manslaughter carries an 18 month sentence. I have represented 3 people who all entered pleas to invol. manslaughter, and all three were given time served with the rest of it on probation.
 
Socrtease said:
Fir manslaughter? Good lord you guys give away time like it is candy. In New Mexico, 3rd degree murder is considered voluntary manslaughter and the max you can get first offense is 3 years. tack on an extra year if you use a fire arm. Involuntary manslaughter carries an 18 month sentence. I have represented 3 people who all entered pleas to invol. manslaughter, and all three were given time served with the rest of it on probation.
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The gun requires you to be sentenced as outlined above. The power the legislature has taken from the judges is amazing here. The individual prosecutors offices can play with the charging documents and get around it, but the judge cannot.
 
Socrtease said:
Fir manslaughter? Good lord you guys give away time like it is candy. In New Mexico, 3rd degree murder is considered voluntary manslaughter and the max you can get first offense is 3 years. tack on an extra year if you use a fire arm. Involuntary manslaughter carries an 18 month sentence. I have represented 3 people who all entered pleas to invol. manslaughter, and all three were given time served with the rest of it on probation.
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Not just manslaughter by the way... the victim does not have to die, armed robbery carries the same minimum if the Defendant is armed with a firearm.
 
Jarod said:
Not just manslaughter by the way... the victim does not have to die, armed robbery carries the same minimum if the Defendant is armed with a firearm.
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lol...and to think our legislators came up with that to put all the blacks in prison.

Hah!
 
Howey said:
lol...and to think our legislators came up with that to put all the blacks in prison.

Hah!
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Isn't putting anyone with guns (or who commits crimes with them) in jail for a long time a good thing?

And I know there are plenty of rednecks (and non rednecks) in Florida with guns so it can't just be a black thing.
 
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