Florida Sentencing Guidelines and Chart
Dec. 8, 2024
In Florida, felony offenses are sentenced using the Criminal Punishment Code (CPC), which serves as the state's sentencing guidelines. These sentencing guidelines help determine whether a defendant will be sent to prison and, if so, the length of the sentence, based on the specific crime and other relevant factors.
If you're convicted of a felony in Florida, the CPC worksheet will typically be used to determine your prison sentence. My firm at Daytona Defense can help you understand how this applies to your case, taking into account your conviction and any circumstances that may influence your sentence.
Contact me, Attorney Jeffrey Higgins, today to speak with an experienced criminal defense lawyer in Daytona Beach, Florida.
How Does the CPC Worksheet Work?
The CPC worksheet is designed to assist judges in determining the recommended sentence. It assigns numerical values to various factors, including details about the crime and the defendant’s prior criminal record.
Here’s an overview of how the sentencing guidelines operate:
Offense Severity Level (Primary Offense)
In Florida, each felony offense is categorized by its severity. More serious crimes like murder receive higher levels compared to less severe offenses such as theft. The worksheet allocates points according to these severity levels, which then contribute to the final sentence decision.
The point values assigned to the different offense levels include:
Level 10 felony: 116 points
Level 9 felony: 92 points
Level 8 felony: 74 points
Level 7 felony: 56 points
Level 6 felony: 36 points
Level 5 felony: 28 points
Level 4 felony: 22 points
Level 3 felony: 16 points
Level 2 felony: 10 points
Level 1 felony: 4 points
Your previous criminal convictions may also impact the total points that go into your sentencing.
Criminal History Points
Points are assigned based on a defendant’s prior felony convictions, with both the number and seriousness of past offenses affecting the total criminal history score. Both felony and misdemeanor convictions are assigned point values according to the severity of the offense.
Below are the point values for prior convictions:
Level 10 felony: 29 points
Level 9 felony: 23 points
Level 8 felony: 19 points
Level 7 felony: 14 points
Level 6 felony: 9 points
Level 5 felony: 3.6 points
Level 4 felony: 2.4 points
Level 3 felony: 1.6 points
Level 2 felony: 0.8 points
Level 1 felony: 0.5 points
Misdemeanor: 0.2 points
While prior convictions may carry fewer points than current charges, a background of serious offenses may have a major impact on the severity of your sentence.
Total Sentence Points
The overall score plays a crucial role in determining the potential sentence for the defendant. A higher score typically suggests a lengthier prison term, while a lower score may indicate a shorter sentence or even eligibility for probation.
Mitigating and Aggravating Factors
Other factors, such as having no previous criminal history, can also impact your final sentence. This is because the total amount of points calculated will be lower compared to someone with a lengthy criminal history.
On the other hand, aggravating factors, such as committing a crime with extreme violence, can increase your points. The point assignments are as follows:
Victim’s death: 120 points
Severe injury: 40 points
Moderate injury: 18 points
Slight injury: 4 points
Sexual penetration: 80 points
Sexual contact: 40 points
These aggravating factors may also be multiplied based on how many victims were involved in the crime and/or harmed, if you violated probate or community sanctions, and more.
Sentence Ranges
There's a range of sentences with a minimum and maximum prison term you could face based on the total number of points you accumulate. It's this range that a judge will use when determining your sentence.
However, it's important to keep in mind that Florida also allows for certain sentence enhancements, including:
Domestic violence
Criminal gang involvement
Kidnapping
False imprisonment of a child
Drug trafficking
These enhancements may increase the total number of points, which can negatively impact your sentencing options. This is where judicial discretion comes in.
Judicial Discretion
The state of Florida provides judges with discretion to depart from the recommended point range and adjust your sentence if they see fit. For example, if there are mitigating circumstances that are essential to a case, the judge may implement a harsher or more lenient penalty. However, if a judge implements their discretion, they need to explain their reasoning in writing.
The CPC worksheet plays a vital role in determining the sentence in Florida felony cases. It uses a methodical process to assess factors like the severity of the offense, the defendant's criminal history, and other relevant circumstances, providing a clear outline for sentencing decisions.
As your criminal defense lawyer in Daytona Beach, Florida, I will strive to make sure that every important factor is taken into account when completing the CPC worksheet, aiming to achieve the most favorable result for you and your case.
How Can My Point Total Impact My Sentencing?
If you have fewer than 22 total points, there's little likelihood that you may be sentenced to prison. Instead, you're more likely to receive a sentence that includes probation, house arrest, or (if you're sentenced to jail) a county jail sentence.
For those with a higher range of up to 44 points, you may receive a sentence that combines options. For example, you may serve a time in county jail and the remaining amount of time on probation.
Individuals with a point total that exceeds 44 will typically receive a prison sentence beginning with the minimum mandatory guideline. To determine the minimum sentence in terms of months, you'll need to subtract 28 from your overall score and then multiply that number by 0.75.
The judge also has the potential to suggest a downward departure from this minimum sentence depending on your case. For example, if you received a plea bargain or only played a small role in the crime, the judge may implement a downward departure (subjected to appellate review) to reduce your overall sentence.
As your criminal defense lawyer in Daytona Beach, Florida, I can help argue that your case ought to be provided a downward departure to help reduce your sentence. Having an attorney on your side during this time can be especially helpful as monetary fines may also be imposed as a part of your sentence.
Monetary Fines
Felony offenses are categorized into different degrees, and each degree has its own range of potential fines. Here’s how felony levels affect fines:
Third-degree felony: A third-degree felony in Florida carries a maximum fine of $5,000. Common examples include drug possession, theft, or aggravated assault.
Second-degree felony: A second-degree felony can result in a fine of up to $10,000. Offenses like certain types of drug trafficking, battery, and theft of high-value property can fall into this category.
First-degree felony: A first-degree felony is punishable by a fine of up to $10,000 as well, though the severity of the offense typically leads to longer prison sentences. Examples include robbery, sexual battery, or certain types of assault.
The potential fines for misdemeanors are generally lower than those for felonies, but they can still be significant. Here’s how the level of a misdemeanor impacts the fine:
Second-degree misdemeanor: The maximum fine for a second-degree misdemeanor is $500. Common offenses in this category include simple battery, petty theft (under a certain value), or disorderly conduct.
First-degree misdemeanor: The maximum fine for a first-degree misdemeanor is $1,000. Offenses like DUI (driving under the influence), domestic battery, or possession of a small amount of marijuana can fall under this category.
Contact a Criminal Defense Attorney Today
It can be challenging to determine what your minimum and maximum sentence could be using the CPC sentencing guidelines. By working with an experienced lawyer like me, Attorney Jeffrey Higgins, I can help guide you through this process.
If you're in Daytona Beach, DeLand, Port Orange, New Smyrna Beach, Palm Coast, Volusia County, or Flagler County, contact Daytona Defense today to schedule a consultation.