When someone is charged with a serious criminal offense in Florida, it’s sometimes necessary to seek a favorable plea offer to limit a defendant’s exposure to a lengthy prison sentence and other harsh penalties. If the evidence against the defendant is strong, and the potential outcome at trial involves decades to life in prison, experienced Port Saint Lucie criminal defense attorney Jeffrey H. Garland, Esq. will meticulously examine the facts and evidence and strive to negotiate with the prosecutor to achieve the most favorable outcome possible for his client. Recently, attorney Garland helped his client avoid a potential sentence of life imprisonment for a murder charge, allowing the defendant to secure a plea agreement to reduced charges and a substantially lower sentence.
Facts of the Case
On Feb. 16, 2016, the 24-year-old defendant and two others allegedly planned to rob a man at his home in Port St. Lucie. The three men drove to the home. One man knocked on the door while wearing a mask. The homeowner peered outside and quickly closed the door, but his friend ran outside and around the corner where the other two were. One of the three men shot the friend with a shotgun. While the homeowner’s friend was able to get back inside the home, he subsequently died of his injuries. The three men who attempted the robbery that resulted in the friend’s death left the scene.
The first of the three accomplices was indicted for the murder in 2017, and the other two were subsequently arrested and charged. All three faced charges of first-degree murder, including the defendant, even though he wasn’t the person who shot the victim.
The defendant retained Port Saint Lucie criminal defense attorney Jeffrey H. Garland to represent him. Based on his decades of experience and extensive knowledge of the law, attorney Garland quickly realized his client’s best option was to cooperate with the prosecution in exchange for a plea to lesser charges and a reduced sentence. Because of the strength of the evidence against the three men and Florida’s felony murder law, his client would face life in prison if he chose to fight his case at trial.
His client agreed that this would be his best option, so he entered into a cooperation agreement with the prosecuting attorney. The first man who was indicted and who was responsible for shooting the victim was found guilty of first-degree murder at trial and was sentenced to life in prison. The second man entered a no-contest plea to reduced charges and was sentenced to 20 years.
Attorney Garland’s client was allowed to plead guilty to manslaughter, attempted robbery with a firearm, attempted burglary of a dwelling, and conspiracy to commit robbery. In exchange, the prosecutor dropped three more serious felony charges. The defendant was sentenced to nine years and was given credit for the five he had already served, meaning he would only have to serve four additional years followed by probation.
This negotiated settlement allowed Attorney Garland’s client to look forward to freedom following his sentence. Because of his lawyer’s work, the defendant would be released while he was still young.
Understanding Principal and Accessory Criminal Liability
Even though the defendant wasn’t the person who shot the victim, he could still have been convicted of felony murder under § 782.04(1)(b)(3), Fla. Stat. (2024). Under this statute, anyone who is involved in the perpetration of a robbery or another listed crime that results in someone’s death can be charged with murder even if they aren’t the person who caused the actual death.
In Florida, a principal is commonly known as an accomplice of a crime. This individual can face the same charges as the main person who completed the offense. Under § 771.011, Fla. Stat. (2024), a person who is an accomplice of a crime can be charged as a principal in the first degree if they aid or abet another person in committing the crime even if they aren’t the person who actually completes the offense. In the defendant’s case, he could have been charged as a principal in the victim’s murder since he worked with the others to try to commit the robbery that resulted in the victim’s death.
An accomplice of a crime might include any of the following parties:
- Getaway driver
- Lookout
- Co-conspirator to commit a separate crime that leads to a victim’s death even if the murder was not intended
By contrast, an accessory after the fact is an individual who wasn’t involved in the planning or execution of the crime but who assists a defendant in trying to evade capture in some way. For example, imagine that someone commits a murder. Afterward, they go to a friend’s house. They tell the friend that they killed someone and ask them to lie and claim they were with them at the time of the murder. If the friend then lies to the police by providing a false alibi, they can be charged as an accessory after the fact.
A person who is charged as an accessory after the fact will face a felony charge that is one classification lower than the felony charged against the primary defendant. This is in contrast to accomplice liability in which the accomplice will face the same charge as the main defendant.
These issues are why attorney Garland and his client agreed that cooperating with the prosecutor to secure a much lower plea agreement was in the defendant’s best interest. As a result, he received a sentence of nine years in prison with credit for time served while the man who went to trial was sentenced to life in prison.
Consult an Experienced Port Saint Lucie Criminal Defense Attorney
If you or a loved one have been charged with a serious crime committed while working with others, you might face the same potential sentence as the main perpetrator despite your lesser involvement. It’s important to reach out to Port Saint Lucie criminal defense attorney Jeffrey H. Garland as soon as possible to discuss your case and learn about the potential defense strategies you might use to achieve the best outcome. Contact us today to schedule a consultation by calling (772) 489-2200.