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Aiden Fucci could be eligible for release in 25 years, regardless of sentencing

Regardless of which sentence is issued, Aiden Fucci would still eligible for a sentence review after serving 25 years.

JACKSONVILLE, Fla. — The video above is from a previous, related report. 

Aiden Fucci's trial for first-degree murder begins on Monday. The teen is accused of stabbing his classmate, 13-year-old Tristyn Bailey, to death. 

Because Fucci is a juvenile, you might wonder what his sentencing could look like if he is convicted. A first-degree murder conviction in Florida is punishable by either the death penalty or life in prison. Because there is no parole in Florida, “life in prison” means someone’s entire life.

At least for adults.

Because Aiden Fucci is a juvenile, he cannot be sentenced to death.

He also can’t be automatically sentenced to life. Florida law says that juveniles convicted of first-degree murder are entitled to a sentencing hearing. At that hearing, the judge must consider 10 potentially mitigating factors, including the nature of the crime, the effect of the crime on the victim’s family and the community, the defendant’s upbringing, prior criminal history and potential for rehabilitation.

If the judge decides a life sentence is appropriate, he would sentence Fucci to life in prison.

If the judge decides a life sentence is not appropriate, he would have to sentence Fucci to at least 40 years in prison.

Regardless of which sentence is issued, however, Fucci would still eligible for a sentence review after serving 25 years, at which time a judge could consider the possibility of a lighter sentence.

So regardless of whether he received 40 years or life, he could potentially be eligible for release after 25 years.

Jury selection for Fucci's trial begins on Feb. 6. 

Bailey was murdered in the Durbin Crossing Neighborhood on May 9, 2021. She was stabbed 114 times. 

The brutality of the case, along with Fucci's eerie reaction after the fact -- posting Snapchats from the back of a squad car -- brought national attention to the crime.

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