Facing Mandatory Prison — Downward Departure Granted and Adjudication Withheld

Facing Mandatory Prison — Downward Departure Granted and Adjudication Withheld

The client was charged with Possession of a Firearm by a Delinquent Child, in violation of Florida Statute §790.23, and Shooting Into a Dwelling, in violation of Florida Statute §790.19, following an alleged incident in Coral Springs, Broward County, Florida.

According to law enforcement, officers responded to reports of gunfire within a residential neighborhood. Investigators alleged that a firearm had been discharged from inside a residence, with a projectile striking a neighboring home. Based on the results of the investigation, the client was arrested and formally charged with serious felony firearm offenses carrying substantial prison exposure if convicted.

Under Florida’s Criminal Punishment Code, the client scored 60.40 sentencing points, which resulted in a lowest permissible prison sentence of 24.30 months in Florida State Prison. This meant that, absent a successful downward departure, prison time was mandatory under Florida law.

Recognizing the significant risk of incarceration, the defense initiated an aggressive and strategic legal defense. This included conducting extensive discovery review, analyzing law enforcement reports and forensic materials, and taking sworn depositions of key witnesses identified by the State. Through careful litigation and witness examination, weaknesses in the State’s case were identified and documented.

In addition to challenging the evidence, the defense developed substantial mitigation evidence demonstrating that the client required structured supervision and treatment rather than incarceration. This included documentation of the client’s personal history, mental health background, and ongoing participation in counseling services. The mitigation strategy was carefully prepared and presented to the Court in support of a downward departure request under Florida law.

Result: Despite facing a mandatory prison sentence of 24.30 months, the defense successfully persuaded the Court to grant a downward departure from the sentencing guidelines and withhold adjudication.

Outcome: The client completely avoided prison and avoided a formal felony conviction, allowing the opportunity to move forward without the devastating long-term consequences associated with felony firearm charges.