Sentence Appeals & Reductions in Florida State Court

Miami Sentence Appeal & Reduction Attorneys

If you’ve been convicted and believe your sentence is unfair, excessive, or illegal, you may still have options.
Florida law allows defendants to appeal a sentence or request a reduction or modification in certain circumstances.

At Rier Jordan P.A., our Miami criminal appellate lawyers handle sentence appeals and post-conviction motions throughout Florida. We help clients challenge sentencing errors, seek resentencing, and file motions for judicial review when appropriate — especially in serious felony and life-punishable cases.

What Is a Sentence Appeal?

A sentence appeal is a formal request to a higher court asking it to review a trial court’s sentencing decision.

You can appeal a sentence if:

• The sentence exceeds statutory limits

• The court misapplied the sentencing guidelines

• The judge relied on improper evidence or facts

• Your constitutional rights were violated during sentencing

• You received ineffective assistance of counsel

Our attorneys review your trial and sentencing record in detail to determine if the judge made legal or procedural errors that justify reversal or reduction.

Common Sentencing Errors in Florida

Florida’s sentencing process is governed by complex rules, including the Criminal Punishment Code (CPC) and minimum mandatory statutes.
Errors in calculations or findings can dramatically increase a prison term.

Common appealable sentencing issues include:

• Incorrect sentencing score sheet calculations

• Improper enhancements (e.g., habitual offender designations)

• Use of unproven prior convictions

• Violation of plea agreements

• Imposition of illegal minimum mandatories

• Failure to consider mitigating factors

• Excessive or disproportionate sentences

Our appellate attorneys have successfully identified and corrected sentencing mistakes in both trial and appellate courts.

Sentence Reductions Under Rule 3.800(c)

Even after a conviction is final, Florida law offers limited opportunities for sentence modification or reduction under Rule 3.800(c).

This rule allows the sentencing judge to reduce or modify a lawful sentence within 60 days of:

• The imposition of sentence,

• Receipt of an appellate mandate, or

• Receipt of an order from the Florida Supreme Court.

A 3.800(c) motion may be appropriate if:

• You’ve shown rehabilitation or good conduct since sentencing

• The judge was unaware of mitigating factors

• You received a disproportionately harsh sentence compared to others

We prepare compelling motions highlighting your record, rehabilitation efforts, and mitigating circumstances to give you the best chance at relief.

Other Avenues for Sentence Relief

Depending on your case, there are additional ways to pursue a reduction or modification of sentence:

1. Rule 3.800(a) – Correcting an Illegal Sentence

   • Used when the sentence violates statutory maximums or double jeopardy.

2. Rule 3.850 – Post-Conviction Relief

   • Used when the sentence resulted from ineffective counsel or constitutional violations.

3. Juvenile Resentencing / Graham & Miller Cases

   • Applies to juveniles sentenced to life or lengthy terms for non-homicide offenses.

4. Compassionate Release or Clemency

   • Possible in rare cases involving medical or humanitarian factors.

Our attorneys review every potential path to reduce prison time or modify probation conditions.

Florida Sentence Appeal Process

If you wish to appeal your sentence:

1. File Notice of Appeal – Must be filed within 30 days of sentencing.

2. Appellate Record Review – The appellate court examines transcripts and sentencing documents.

3. Briefs Filed by Both Parties – We identify legal errors; the State responds.

4. Oral Argument (if granted) – Your attorney may present arguments before a panel of judges.

5. Decision Issued – The appellate court may affirm, reverse, or remand for resentencing.

Our firm ensures all deadlines are met and all errors preserved, maximizing your chance of success.

Frequently Appealed Sentences

We represent clients across Florida in appeals and reduction motions involving:

• Drug Trafficking & Kingpin Offenses

• Violent Crimes & Firearm Enhancements

• Sexual Battery or Sex Offenses

• White-Collar & Financial Crimes

• Probation Violations & Revocations

We are known for handling complex, high-stakes felony sentencing challenges in both state and federal court.

Why Choose Rier Jordan P.A.

• Decades of Appellate & Post-Conviction Experience

• Proven Success in Sentence Reduction Motions

• Comprehensive Review of Sentencing Records & Guidelines

• Aggressive Representation in State and Federal Courts

• Focus on Serious Felony and Life-Punishable Offenses

• Personalized, Confidential Legal Strategy

Our attorneys combine deep knowledge of sentencing law with the determination to fight for a second chance.

Frequently Asked Questions

Can I appeal just my sentence, not my conviction?
Yes. You can file a direct appeal challenging only the sentencing portion of your case.

How long do I have to appeal a sentence?
You must file a Notice of Appeal within 30 days of the sentencing date.

Can I request a sentence reduction after appeal?
Yes, within 60 days under Rule 3.800(c) or later under Rule 3.850 if new grounds exist.

What’s the difference between an appeal and a reduction motion?
An appeal asks a higher court to correct legal errors. A reduction motion asks the sentencing judge to reconsider your punishment.

Can I get a lighter sentence for good behavior or rehabilitation?
Possibly. Judges often consider rehabilitation, educational achievements, or family hardship when reviewing a 3.800(c) motion.

If you believe your sentence was too harsh, illegal, or unjust, act quickly — strict deadlines apply to both appeals and reduction motions.

At Rier Jordan P.A., we fight for fair sentencing outcomes and second chances for clients across Florida.