Criminal Defense Lawyers

Navigating Florida’s Sentencing Guidelines for Money Laundering Offenses

Navigating Florida’s Sentencing Guidelines for Money Laundering Offenses

Money laundering is a serious crime in Florida that can result in hefty fines and lengthy prison sentences. If you or someone you know has been charged with money laundering, it’s crucial to understand how Florida’s sentencing guidelines work and what you can expect. In this comprehensive guide, we’ll break down the key factors that influence money laundering sentences in Florida and provide actionable advice for those facing these charges.

Understanding Money Laundering Charges in Florida

Under Florida Statute 896.101, money laundering is defined as knowingly engaging in a financial transaction with proceeds from an unlawful activity with the intent to:

1. Promote the carrying on of the unlawful activity
2. Conceal or disguise the nature, location, source, ownership, or control of the proceeds
3. Avoid a transaction reporting requirement under state or federal law

Money laundering charges can stem from a wide range of underlying criminal activities, such as drug trafficking, fraud, embezzlement, and illegal gambling. The severity of the charges depends on the amount of money involved and the defendant‘s level of participation in the offense.

Florida’s Sentencing Guidelines for Money Laundering

Florida uses a sentencing scoresheet to calculate the recommended sentence for felony offenses, including money laundering. The scoresheet takes into account factors such as:

• The severity level of the primary offense
• Additional offenses at conviction
• The defendant’s prior record
• Victim injury
• Legal status violations
• Firearm use

Money laundering is typically classified as a Level 7 or Level 8 offense on Florida’s Offense Severity Ranking Chart, depending on the specific circumstances of the case. The score from the sentencing scoresheet is then used to determine the recommended sentence range, which can include prison time, probation, or a combination of both.

Severity Levels and Sentencing Ranges

Here’s a breakdown of the sentencing ranges for Level 7 and Level 8 money laundering offenses based on the total sentencing points:Level 7 Offenses

• 22 points or less: Any non-state prison sanction
• 23-44 points: Up to 364 days in jail
• 45-74 points: 16-36 months in prison
• 75-124 points: 31-66 months in prison
• 125+ points: 67-150 months in prison

Level 8 Offenses

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2024-03-21

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2024-03-18

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2024-03-18

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2024-03-15

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2024-03-15

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2024-03-12

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2024-03-12

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2024-02-24

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• 28 points or less: Any non-state prison sanction
• 29-52 points: Up to 364 days in jail
• 53-88 points: 21-45 months in prison
• 89-148 points: 41-87 months in prison
• 149+ points: 88-200 months in prison

It’s important to note that these are recommended sentencing ranges, and the actual sentence imposed may vary based on the specific facts of the case and the judge’s discretion. In some cases, the judge may depart from the recommended range if there are mitigating or aggravating factors present.

Calculating Sentencing Points

To illustrate how sentencing points are calculated, let’s consider a hypothetical example. Suppose John is charged with a Level 7 money laundering offense as the primary offense, and he has one additional Level 3 offense at conviction. John has two prior convictions for Level 2 offenses and was on probation at the time of the current offense.Using the sentencing scoresheet, we can calculate John‘s total sentencing points as follows:

• Primary offense (Level 7): 56 points
• Additional offense (Level 3): 2.4 points
• Prior record (2 x Level 2): 2.8 points
• Legal status violation (probation): 4 points

Total sentencing points: 56 + 2.4 + 2.8 + 4 = 65.2 pointsBased on the total points, John’s recommended sentencing range would be 31-66 months in prison for the Level 7 money laundering offense.

Mitigating and Aggravating Factors

While the sentencing scoresheet provides a recommended range, the judge may consider mitigating or aggravating factors when determining the final sentence. These factors can influence whether the sentence falls within the recommended range or if a departure is warranted.

Mitigating Factors

Mitigating factors are circumstances that may justify a more lenient sentence. Examples of mitigating factors in money laundering cases include:

• The defendant played a minor role in the offense
• The defendant cooperated with law enforcement
• The defendant has no prior criminal history
• The defendant has a history of mental health issues or substance abuse problems
• The defendant has strong family ties and community support

If mitigating factors are present, the judge may choose to impose a sentence on the lower end of the recommended range or even depart downward from the range altogether.

Aggravating Factors

Aggravating factors, on the other hand, are circumstances that may warrant a harsher sentence. Examples of aggravating factors in money laundering cases include:

• The offense involved a large amount of money
• The defendant played a leadership role in the offense
• The defendant has a significant prior criminal history
• The offense involved sophisticated methods to conceal the illegal proceeds
• The offense was committed as part of a larger criminal enterprise

If aggravating factors are present, the judge may impose a sentence on the higher end of the recommended range or depart upward from the range.

Plea Bargaining and Sentencing

In many money laundering cases, defendants choose to enter into a plea bargain with the prosecution rather than go to trial. A plea bargain is an agreement in which the defendant pleads guilty or no contest to the charges in exchange for a reduced sentence or the dismissal of some charges.When negotiating a plea bargain, it’s essential to have an experienced criminal defense attorney who can advocate for your interests and work to secure the most favorable outcome possible. Your attorney can present mitigating factors to the prosecution and argue for a more lenient sentence as part of the plea agreement.It’s important to remember that even if a plea bargain is reached, the final decision on sentencing rests with the judge. The judge can choose to accept or reject the terms of the plea agreement and may still consider the sentencing scoresheet and any mitigating or aggravating factors when determining the appropriate sentence.

Restitution and Asset Forfeiture

In addition to prison time and fines, defendants convicted of money laundering may also be ordered to pay restitution to victims and forfeit any assets obtained through the illegal activity.

Restitution

Restitution is a payment made by the defendant to compensate victims for any losses or damages resulting from the offense. In money laundering cases, restitution may be ordered to repay victims of the underlying criminal activity, such as fraud or embezzlement.The amount of restitution ordered will depend on the specific losses incurred by the victims and the defendant‘s ability to pay. The court may establish a payment plan or require the defendant to make a lump sum payment.

Asset Forfeiture

Asset forfeiture is the seizure of property connected to criminal activity. In money laundering cases, any assets that were obtained through the illegal activity or used to facilitate the offense may be subject to forfeiture.This can include cash, bank accounts, real estate, vehicles, and other valuable property. The government can seize these assets through a civil or criminal forfeiture proceeding, depending on the circumstances of the case.It’s important to note that asset forfeiture can occur even if the defendant is not convicted of the money laundering charges. In civil forfeiture cases, the government only needs to show by a preponderance of the evidence that the property is connected to illegal activity.