A Guide to Florida's Criminal Scoresheet and Felony Point System

In Florida, the sentencing of a defendant convicted of a felony crime involves the use of a detailed and structured system known as the Criminal Punishment Code, which is based on a criminal scoresheet. 

This system is designed to promote consistency and fairness in sentencing by providing a standard method to calculate the severity of a defendant’s crime and their criminal history. 

As an experienced criminal defense attorney at Daytona Defense, I understand that it can be challenging to understand how this scoresheet works. Here, I'll provide an in-depth look at how the Criminal Scoresheet and Felony Point System may impact you during your case.

The Purpose of Florida's Criminal Scoresheet

Florida’s Criminal Punishment Code, and its accompanying criminal scoresheet, was established to create a fair, objective baseline for sentencing. 

The intent is to reduce disparities in sentencing outcomes, making sure that individuals who commit similar crimes are treated similarly, regardless of the county in which they're prosecuted or the presiding judge.

The criminal scoresheet also helps promote uniformity by providing a clear set of guidelines for judges, prosecutors, and criminal defense attorneys to follow. 

While Florida's judges are afforded some discretion when it comes to sentencing, the scoresheet provides a way for them to justify their decisions, especially when deviating from recommended sentencing guidelines. 

The Florida criminal scoresheet is divided into several sections that take into account different factors involved in the case. 

Structure of the Criminal Scoresheet

The primary categories in the scoresheet include the offense level, the seriousness of the current offense, the defendant's prior record, and any special circumstances that may apply. 

Each section contributes to the overall point total that helps determine the sentencing range. The first category on the criminal scoresheet is the offense level. 

Offense Level and Points

Each felony offense in Florida is assigned a degree (first-degree, second-degree, or third-degree) or a statute-specific penalty classification, and each degree has a corresponding point value. 

Offense levels are assigned points based on the severity of the crime, with higher-level offenses earning more points.

• First-degree felony: These are the most serious felonies, such as murder or armed robbery. Convictions for first-degree felonies result in a higher number of points on the scoresheet.

• Second-degree felony: These felonies are less serious but still severe. Examples include aggravated battery or burglary. These offenses carry a lower point value than first-degree felonies but are still considered significant crimes.

• Third-degree felony: The least severe felonies, such as grand theft or possession of controlled substances. Third-degree felonies carry the lowest point values.

The number of points assigned for an offense can range from 0 points for a low-level offense to more than 100 points for the most serious crimes. A defendant's prior criminal history is also a significant factor in determining the total score.

Prior Criminal History

The more extensive a defendant's criminal record, the higher their score will be, resulting in a higher recommended sentence.

Prior offenses are scored based on the severity of the previous crimes, the number of convictions, and whether the defendant committed those offenses within a certain period.

• Prior felonies: Each prior felony conviction adds points to the defendant's score. More serious prior felonies add more points.

• Misdemeanors: Although misdemeanors don't carry the same weight as felonies, certain prior misdemeanor convictions can add points to a defendant's score as well.

• Time between offenses: The number of years between prior offenses can affect how many points are added. Convictions that occurred more recently will generally result in higher point totals.

The total score from prior convictions can significantly increase the defendant's final score, which could potentially push them into a higher sentencing category. This is why it's crucial to work with a criminal defense attorney. Florida's Criminal Punishment Code also factors in whether the offense resulted in physical harm or death to the victim. 

Victim Injury or Death

The more severe the harm done to the victim involved in the crime, the more points are added to the defendant's total score.

• Death of the victim: If a defendant is convicted of a crime where the victim was killed, this results in an automatic increase in the total points.

• Physical injury: For cases where the victim suffered bodily harm, additional points are added to reflect the seriousness of the injury.

These points are intended to reflect the gravity of the crime and the impact it had on the victim, adjusting the sentencing range accordingly.

Special Circumstances and Enhancements

Certain offenses or factors can result in additional points or adjustments to the score, depending on the circumstances of the case. These special circumstances might include:

• Weapon use: If a weapon was used during the commission of a felony, additional points can be added. Firearms, especially, can lead to significant point increases.

• Gang involvement: Crimes committed in association with a criminal gang or enterprise may result in a higher score due to the aggravating nature of the offense.

• Drug trafficking: Drug offenses, particularly trafficking in large quantities of controlled substances, often come with additional points due to the seriousness of the crime.

These additional enhancements can substantially impact the defendant's final score and ultimately their sentencing. But how exactly does the felony point system work?

How the Felony Point System Works

The felony point system is used to calculate the total score and determine the sentencing range for a convicted defendant. Once the points are calculated using the various factors discussed above, the total score is compared to a set of sentencing guidelines to determine the appropriate sentence. 

The scoring system helps determine whether a defendant is eligible for probation, a prison sentence, or other forms of punishment.

Point Ranges and Sentencing

Florida law sets out specific point ranges that correspond to different sentencing recommendations. The general categories include:

• 0 to 44 points: In this range, the judge may consider alternatives to prison, such as probation or community control. The defendant may be eligible for a more lenient sentence, depending on the specific circumstances of the case.

• 45 to 59 points: Defendants within this range face presumptive prison sentences, but the judge may still opt for probation if mitigating factors are present.

• 60 to 74 points: This range typically results in a prison sentence, though the judge has some discretion to reduce the sentence based on mitigating factors.

• 75 to 99 points: Defendants with this range of points face a more structured and significant prison sentence.

• 100 points or more: A defendant with 100 or more points is subject to a mandatory prison sentence, with few exceptions.

The scoresheet provides a structured baseline for sentencing, but judges retain discretion to depart from the sentencing guidelines based on factors such as the defendant’s background, remorse, or cooperation with authorities.

Although the criminal scoresheet provides a structured means for sentencing, Florida law allows for some degree of flexibility.

Departure from Sentencing Guidelines

A judge may depart from the recommended sentence if there are mitigating or aggravating circumstances that justify a different outcome. For example:

• Mitigating circumstances: These may include the defendant’s lack of prior criminal history, their age, or any mental health issues. If a judge finds that these factors are significant, they may reduce the sentence below the recommended range.

• Aggravating circumstances: If the judge determines that there are factors making the crime particularly severe—such as the use of excessive force or the involvement of children—the judge may increase the sentence above the recommended range.

Any departure from the sentencing guidelines must be supported by specific reasons and is subject to review on appeal. 

Criminal defense attorneys like me, Attorney Jeffrey Higgins, may argue for a reduction in points or sentence if they can demonstrate that certain factors shouldn't be included in the scoresheet or if they present mitigating circumstances. Prosecutors, on the other hand, may argue for an increased sentence based on aggravating factors.

Contact a Criminal Defense Attorney Today

Because of the nature of Florida's criminal scoresheet and felony point system, it's in your best interest to work with an experienced criminal defense attorney in Daytona Beach, Florida. I serve clients throughout DeLand, Port Orange, New Smyrna Beach, Palm Coast, Volusia County, and Flagler County. Contact Daytona Defense today to schedule a consultation.