Can an Autism Diagnosis Reduce a Criminal Sentence in Florida?

By the time our client was arrested, the signs had been there for years. He had been evaluated as an adolescent, and although he showed the hallmark signs of autism, the examiner declined to diagnose it. No one identified that he had been exposed to alcohol before birth. He went through life without answers, and without the support those answers might have brought.

Facing a 52½-Year Minimum Sentence

He was charged with 30 counts of possession of child sexual exploitation material, each enhanced to a second-degree felony. Together, the charges carried a maximum of 450 years in prison. Under Florida’s sentencing guidelines, his lowest permissible sentence was 52½ years, unless the court found a legal basis for a downward departure.

Expert Evaluations Uncovered Autism and Prenatal Alcohol Exposure

We retained Dr. Eric Imhof and Dr. Kimberly Spence of Specialized Treatment and Assessment Resources, LLC to conduct psychological, psychosexual, and autism evaluations. They spent a substantial amount of time with our client and his family, and conducted extensive testing to determine whether he had any psychological conditions and, if so, whether those conditions could be treated.

Their evaluations identified what had been missed: autism spectrum disorder and a neurodevelopmental disorder associated with prenatal alcohol exposure, along with several other diagnoses.

A note for families: a prior evaluation that says “not autistic” is not necessarily the final word. Our client had previously shown the signs of autism on standardized testing, yet the earlier examiner did not make the diagnosis. If you suspect a loved one is autistic despite a past finding to the contrary, a second evaluation by a qualified specialist may be worth pursuing.

Treatment While the Case Was Pending

Dr. Spence developed an eight-step treatment plan. Among its recommendations were counseling with Robert W. Parham, L.H.M.C.S., treatment with Dr. Amy Fritz, and registration with the Center for Autism and Related Disabilities (CARD) at the University of Central Florida.

Our client began treatment while his case was pending. Over the next 13 months, he made significant progress.

The Outcome: A Downward Departure to Probation

Our client had no viable defense. He admitted the conduct at the time of his arrest, and he entered a plea to all 30 counts. At sentencing, Dr. Spence, Dr. Imhof, and Mr. Parham testified, as did our client’s mother, and our client addressed the court himself.

The court found grounds for a downward departure. Instead of a minimum of 52½ years in prison, the court withheld adjudication on all 30 counts and sentenced him to six years of probation, with all counts running concurrently.

Why Defending Neurodivergent Clients Matters to Me

Not every case has a defense. When the facts are not in dispute, the job is to make sure the court sees the whole person, and to secure the most lenient sentence the law allows.

These are the cases I find most meaningful: people who have struggled for years without knowing why, often in isolation, who can finally be diagnosed, treated, and helped. A frightening and adverse situation can become the catalyst for a better life. This case was one of those days, and I hope there are many more.

I want to continue this work for clients who are autistic or otherwise neurodivergent, who live with fetal alcohol spectrum disorders or other neurodevelopmental conditions, and for older adults whose dementia or cognitive decline may bear on the charges they face, their competency, or their sentencing. If someone you love is facing criminal charges and you believe an undiagnosed or misunderstood condition may be part of the story, contact Bark Law.

Every case is different. Past results do not guarantee or predict a similar outcome in any future matter.