Eustis, FL Criminal Defense Law Firms & Lawyers

You should speak with your attorney about these problems or perhaps go see a criminal appellate attorney. There are not anywhere near enough facts and an attorney who knows nothing but what you have written needs to know a heck of a lot more about this matter.

Under Florida law, the judge may sentence a defendant to the maximum penalty regardless of the points on the Criminal Punishment Code Scoresheet.  "If total sentence points are less than or equal to 44, the lowest permissible sentence is any non-state prison sanction."  (Note:  that's the lowest, not highest, sentence that the court can impose.)   If the crime for which the Defendant is being sentenced is classified as a "non-forcible"  third degree felony that occurred on or afater July 1, 2009 (and not of a sexual nature) and total sentence points are 22 points or less, the court may be required to give the Defendant a non-state prison sentence -- unless the judge states in writing the reasons why a nonstate prison sanction would present a danger to the public.  (See section 775.082(10) of the Florida Statutes. It seems you may have some mitigation factors that could be useful -- but the fraudulent reporting of work hours may negate most of the good.  That will depend upon the judge (and may also be impacted by your probation officer and the prosecutor).