A long-running Jacksonville aggravated battery case that drew national media attention because of a 20-year minimum mandatory sentence ended last month with a plea deal. The defendant pleaded guilty to three counts of aggravated battery for firing what she says was a warning shot into the ceiling because she was afraid of her estranged husband, according to a report in the Florida Times-Union. Police said there were two children nearby, which led to the three charges, the newspaper reported. The woman was facing 60 years in prison, but the agreement reached last month calls for her to do three years in prison. Because of time served over the delays and other turns in this case, she will be released in January.
This deal ends a highly-publicized case that drew local and national discussion about warning shots and minimum mandatory sentences. The defendant was initially found guilty of all three counts by a jury in 2011. Because of Florida’s 10-20-Life law, and the fact the defendant fired a weapon, a minimum mandatory sentence of 20 years applied and the judge had no discretion in the sentence. The conviction was overturned on a technicality and the case came back to Jacksonville. But one major element had changed. Interpretation of the 10-20-Life and minimum mandatory laws had since changed. Prevailing legal opinion now is that each charge carries a minimum mandatory 20-year sentence. So instead of 20 years, the defendant, now 34, was looking at 60 years in state prison if convicted again.
The three-year sentence is a similar plea deal to what the defendant initially rejected right before her 2011 trial, the newspaper reported. Under Florida’s 10-20-Life law, if someone pulls a gun during the commission of a felony, there is a minimum mandatory 10-year prison sentence that can apply. If a firearm is discharged, the sentence is bumped up to 20 years. If someone is shot, the minimum mandatory is life. Now, prosecutors ultimately have the discretion to waive those penalties, as they eventually did in this Jacksonville Gun Crimes Case. But once the case goes to trial, the sentencing decision is out of everyone’s hands – even the judge’s. The threat of minimum mandatory sentences is often used in bargaining by the state to get people to plead guilty to charges and take shorter prison sentences, rather than face a mandatory 60-year sentence, or whatever the charge may be. Minimum mandatory sentences are definitely a card the state holds and our Jacksonville Gun Crimes Attorney can explain all of the details and consequences so you or your loved one can make an informed decision about a pending case.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Gun Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.