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Florida Statute 921.185 | Lawyer Caselaw & Research
F.S. 921.185 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 921.185

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921
SENTENCE
View Entire Chapter
F.S. 921.185
921.185 Sentence; restitution a mitigation in certain crimes.In the imposition of a sentence for any felony or misdemeanor involving property, but not injury or opportunity for injury to persons, the court, in its discretion, shall consider any degree of restitution a mitigation of the severity of an otherwise appropriate sentence.
History.s. 1, ch. 74-125.

F.S. 921.185 on Google Scholar

F.S. 921.185 on Casetext

Amendments to 921.185


Arrestable Offenses / Crimes under Fla. Stat. 921.185
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.185.



Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. ROGERS,, 250 So. 3d 821 (Fla. App. Ct. 2018)

. . . The defendant argued below that this departure reason was proper based on the language of section 921.185 . . . That statute reads: 921.185. . . . Section 921.185 does not justify the downward departure sentences in this case because the trial court . . .

NOEL, v. STATE v., 191 So. 3d 370 (Fla. 2016)

. . . The district court explained that Noel’s sentence was authorized by section 921.185, Florida Statutes . . . Noel asserts that section 921.185, which affords discretion to the trial courts to consider restitution . . . consider any degree of restitution a mitigation of the severity of an otherwise appropriate sentence.” § 921.185 . . .

NOEL, v. STATE, 127 So. 3d 769 (Fla. Dist. Ct. App. 2013)

. . . For crimes “involving property,” section 921.185, Florida Statutes (2010), provides that a sentencing . . . mitigate the sentences in DeLuise and in this case were both authorized under rule 3.800(c) and section 921.185 . . . Judges would be precluded from actively using statutes such as section 921.185 to encourage restitution . . . An important public policy of the state would be frustrated; statutes like sections 921.185 and 921.0026 . . . The opinion did not mention section 921.185 and rule 3.800(c), which authorize precisely what the judge . . . The majority relies on section 921.185, Florida Statutes, as authority for a judge to consider payment . . . In addition, as noted by the majority, section 921.185, Florida Statutes, authorizes a trial court, in . . . for payment of restitution within sixty days, results in an unconstitutional application of section 921.185 . . .

A. PINTO, v. STATE, 721 So. 2d 791 (Fla. Dist. Ct. App. 1998)

. . . See § 921.185, Fla. Stat. (1993); Steiner v. . . .