Florida felony sentencing – you did the crime. How do they calculate the time?

“Scoresheet” Basics – Florida Felony Sentencing –

If you have ever faced Florida felony charges or been to court with someone who has, you have probably heard people talking about their “score” or “the scoresheet.” What on earth is a scoresheet? The Florida Legislature enacted the Criminal Punishment Code (CPC) to create truth-in-sentencing and make sentencing consistent throughout the state. The CPC lays out the sentencing structure in Florida, which centers around a thing called a is called a scoresheet.

Many people know that in Florida, every felony is either a third-degree felony, a second felony, a first-degree felony, a life felony, or a capital felony. Many people do not know that every felony within those categories also has an “offense level.” Offense levels range from 1 to 10, with the most severe charges being a level 10 and the least serious charges a level 1. Section 921.0022 lists all the different felonies and what levels they are.

Once you know what level of offense you are facing, we now plug that information into a scoresheet. A scoresheet is a form that is used all around the state. You can find a copy of one in Florida Statute 921.0024. It contains several parts, but we’ll discuss some of the most important and commonly used parts. The first part of the scoresheet is where you plug in your “primary offense.”

The primary offense is typically the most serious charge you are facing. The second part of the score is for “additional offenses.” Additional offenses are the other charges you are facing. For example, the police arrest Steve for burglary of a dwelling and possession of cocaine. The burglary charge is a second-degree felony and a Level 7 offense. The cocaine charge is a third-degree and a level 3 offense.

Therefore, the burglary will be put in the scoresheet as the primary offense (because it is the most serious charge you’re facing), and the cocaine will be an additional offense. The third section is your “prior record.” Your prior is what it sounds like – a list of all the crimes you have been convicted of in the past. The only time a conviction will not be on your scoresheet is if it has been more than ten years since your last arrest when you got off of probation or were released from any kind of jail, prison, or parole.

Once you have plugged in your primary offense, additional offenses, and prior record, you figure out the number of points you have. Luckily, the scoresheet has a legend that tells you how many points each offense level gets under each section. So, you add all the points together, and you get your point total. If your point total is less than 44 points, the good news: you can be sentenced to anything as low as probation or time served.

If you are over 44 points, you plug your point total into the mathematical equation that the legislature created, found on the scoresheet. Do the math, and the result is your “lowest permissible prison sentence in months.”

The lowest permissible prison sentence on your scoresheet is what it sounds like: the lowest prison sentence the judge can give you if you are found guilty. Of course, there are exceptions to this rule, but that is a complicated area of the law (like this wasn’t), and we’ll save it for a different day.

If you have any questions about how a scoresheet works or felony cases in general, give me a call.