Can Juveniles Be Sentenced to Life Without Parole in Florida?

April 28, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Violent Crimes Social Share

If a juvenile is convicted of a major crime, such as murder or a life felony, a common question is if they will ever get out of prison. While this is not guaranteed, the U.S. Supreme Court has ruled that juvenile offenders cannot be sentenced mandatorily to life without parole, unless there is a special “Miller/Graham resentencing hearing.” This article will explain this holding, and its consequences for juvenile offenders in Florida.

Before 2010, juveniles – those under the age of 18 – could receive life sentences without parole for multiple crimes without a Miller/Graham resentencing hearing. But in Graham v. Florida, the U.S. Supreme Court ruled these laws were cruel and unusual punishment that violated the Eighth Amendment. Graham v. Florida, 560 U.S. 48 (2010). Writing for the 5-4 majority, Justice Anthony Kennedy wrote:

“The Constitution prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit homicide. A State need not guarantee the offender eventual release, but if it imposes a sentence of life it must provide him or her with some realistic opportunity to obtain release before the end of that term.”

Though Graham was a major step in the direction of abolishing mandatory life sentences without parole for juveniles, it still left open the possibility of mandatory life sentences for juveniles if they commit murder. But this was the only the case for two years, before Miller v. Alabama, 567 U.S. 460 (2012). 

In Miller, the Court held that laws mandating life sentences for offenders under eighteen for murder were also unconstitutional. Justice Elena Kagan reasoned that under the Eighth Amendment, it was “cruel and unusual” for minors to be mandatorily imprisoned until their death, given emerging scientific data regarding brain development and impulse control.

“Mandatory life without parole for a juvenile precludes consideration of his chronological age and its hallmark features – among them, immaturity, impetuosity, and failure to appreciate risks and consequences. It prevents taking into account the family and home environment that surrounds him – and from which he cannot usually extricate himself – no matter how brutal or dysfunctional.” 

The Supreme Court’s decisions were shaped by the insights of child psychologists, such as Dr. James Garbarino. These experts argued that juveniles have not fully developed their “cold cognition”—the part of the brain responsible for impulse control. They contended that mandatory life sentences for juveniles deprived them of the opportunity to demonstrate, as adults, the potential for better behavior control, once their brains had fully matured. The Court agreed.

Notably, the Supreme Court did not rule that a minor could never be sentenced to life in prison without parole. Graham and Miller ruled that states could not mandate a life sentence without parole for juveniles – not that they could never receive a life sentence without parole. Though 19 states have changed their laws to allow for parole hearings, Florida still allows a sentence of life without parole to be handed down to a minor under certain circumstances. 

Florida’s courts have held that mandatory life sentences without parole for juveniles is unconstitutional – but such sentences can only be imposed on the “rare juvenile offender whose crime reflects irreparable corruption.” Landrum v. State, 192 So.3d 459 (Fla. 2016); Pedroza v. State, 291 So.3d 541 (Fla. 2020). Before handing down a life sentence without parole to a juvenile, a court must consider various factors, including:

• Age: If a juvenile is younger, they are less likely to receive a life sentence without parole if convicted of a crime that allows this sentence 
• Maturity: If a juvenile is considered more “mature” for their age (particularly if they are an older juvenile), this weighs in favor of a life sentence without parole if they are found guilty
• “Irreparable corruption”: If a court finds a rare case where the moral character of a juvenile seems beyond repair, this could increase the likelihood of a life sentence without parole. Nelms v. State, 263 So.3d 88 (2019)

In Montgomery v. Louisiana, 577 U.S. 190 (2016), the Supreme Court determined that Miller v. Alabama must be applied retroactively. This made every inmate given a mandatory life sentence as a juvenile eligible for a parole hearing, regardless of how long they had been in prison.

At a parole hearing under Fla. Stat. Section 921.1402, various factors must be taken into account when evaluating whether a juvenile should face the rest of their life in prison. These include:

• The juvenile offender’s maturity, rehabilitation, and risk level compared to initial sentencing.
• Victim or next of kin’s opinion, including prior statements if they choose not to participate.
• Offender’s role in the crime, duress, or influence by others.
• Sincere and sustained remorse.
• Impact of age, maturity, and psychological development at the time of the offense.
• Completion of education, vocational, or rehabilitation programs.
• History of abuse before the offense.
• Findings from mental health or risk assessments.

In sum, a juvenile may still receive a mandatory life sentence without parole in Florida – but it is very rare. This is confined to cases where there is found to be “irreparable corruption” of the juvenile’s character, and only typically if they are older and seemingly more mature.

If a parole hearing occurs, it will typically be between 15 and 25 years after the offense if the minor is sentenced for a crime carrying up to a life sentence. At that hearing, the risk factors of releasing the convicted juvenile must be considered before a judgment is rendered. Fla. Stat. Section 921.1402 outlines various offenses and when a minor is eligible for a parole hearing if convicted of them.

If someone is concerned about a juvenile criminal case, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term and hefty fines.

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the experienced criminal defense attorneys at Pumphrey Law have decades of experience fighting on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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