921.185
Sentence; restitution a mitigation in certain crimes.
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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.
Notes of Decisions
Cited in 4
cases, 1998–2018 · leading case: and SC14-1952 Jean Claude Noel v. State of Florida and Jean Claude Noel v. State of Florida
and SC14-1952 Jean Claude Noel v. State of Florida and Jean Claude Noel v. State of Florida (2016)
“” § 921.185, Fla. Stat. (2010). A trial court is authorized in imposing a downward departure sentence where “[t]he need for payment of restitution to the victim outweighs the need for a prison sentence.”
Noel v. State (2013)
“For crimes “involving property,” section 921.185, Florida Statutes (2010), provides that a sentencing court has the discretion to “consider any degree of restitution a mitigation of the severity of an otherwise appropriate sentence.”
State v. Baron C. Rogers (2018)
“The defendant argued below that this departure reason was proper based on the language of section 921.185 of the Florida Statutes (2017).”
Pinto v. State (1998)
“Although the amendment to the guidelines which specifically permits this basis for departure, § 921.0016(4)(e), Fla. Stat.”
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