A Florida man was sentenced to 20 years in prison for firing a warning shot at his daughter’s boyfriend. How is this possible? Well, the State of Florida has a mandatory sentence requirement for violent crimes and he was found guilty at trial requiring him to serve every day of a 20 – year sentence. Even the judge made it clear at the sentencing that he would never be handing out such a harsh sentence for that offense, if not for the fact he was obligated to do so under Florida law. Could this possibly happen in Fort Collins, Colorado? Absolutely it could.
Mandatory Sentencing: You Are Not Immune in Colorado
C.R.S. 18-1.3-406 – Mandatory Sentences for Violent Crimes states:
Any person convicted of a sex offense, that constitutes a crime of violence shall be sentenced to the department of corrections (DOC) for an indeterminate term of incarceration of at least the midpoint in the presumptive range specified up to a maximum of the person’s natural life.
Colorado has decided that a “Crime of Violence” is any of the following crimes:
- Any crime against an at – risk adult or at – risk juvenile
- Murder
- First or Second Degree Assault
- Kidnapping
- A Sexual Offense
- Aggravated Robbery
- First Degree Arson
- First Degree Burglary
- Escape
- Criminal Extortion
The above offenses are only considered violent if a person:
- Used or possessed and threatened the use of a deadly weapon
- Caused serious bodily injury or death to another person
What Does This Mean?
[pullquote align=”left” textalign=”center” width=”30%”]The one size fits all laws never fit all crimes.[/pullquote]Sounds a little confusing, so let’s break this down with an example. In Larimer, Grand and Boulder County, First Degree Assault is a level 3 felony. The sentence range for a felony 3 is 4 to 12 years in DOC so, if you were found guilty of First Degree Assault, the judge could choose to sentence you anywhere from 4 to 12 years in prison. However, if you were found guilty of First Degree Assault with a Deadly Weapon, it changes your sentencing. While still a felony 3, because it is considered a crime of violence, the sentence range becomes 8 to 24 years. A big difference!
The Florida man was found guilty of aggravated assault involving firearms, which gave him an automatic 20 years based on Florida’s mandatory sentencing. But was his crime really violent? The law assumes it was, but there was no intent to hurt anyone. He made a decision to shoot into the wall where he knew no one would be injured, yet could be serving a longer sentence than a career criminal with numerous drug charges. It just doesn’t make sense. That is the problem with mandatory sentence laws. The one size fits all laws never fit all crimes.
Violent Crimes: Why You Need a Lawyer
The lawyers at the O’Malley Law Office take the time to look into your case and understand all the circumstances surrounding your charges. Our lawyers will fight to get you a deal where you may plead to a nonviolent charge. They will also look at the evidence to see if you have a good chance of taking it to trial and getting an acquittal or not guilty finding. Protecting your future is our number one goal.