Florida Statutes
Fla. Stat. § 921.185 (2025)
Sentence; restitution a mitigation in certain crimes.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 4
cases, 1998–2018 · leading case: & SC14-1952 Jean Claude Noel v. State of Florida & Jean Claude Noel v. State of Florida, 191 So. 3d 370 (Fla. 2016).
& SC14-1952 Jean Claude Noel v. State of Florida & Jean Claude Noel v. State of Florida, 191 So. 3d 370 (Fla. 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, 127 So. 3d 769 (Fla. 4th DCA 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, 250 So. 3d 821 (Fla. 5th DCA 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, 721 So. 2d 791 (Fla. 3d DCA 1998). “Although the amendment to the guidelines which specifically permits this basis for departure, § 921.0016(4)(e), Fla. Stat.”
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