A Guide to Florida's Criminal Scoresheet and Felony Point System
Dec. 22, 2024
In Florida, the primary tools for determining sentences are the Florida Criminal Scoresheet, which is part of the state's sentencing guidelines, and the Florida Felony Point System, a numerical approach that helps judges calculate a defendant's potential sentence within specific ranges.
The criminal scoresheet is an integral element of the sentencing process for felony cases, determining how many points a defendant receives based on the severity of the offense, their criminal history, and other factors that could influence their sentence.
As a dedicated criminal defense lawyer in Ocala, Florida, I understand that this point system and scoresheet can be difficult to understand. Here, I'll walk you through the structure and function of both of these systems, so you can have a better understanding of your case.
The Basics of Florida's Criminal Scoresheet
Florida’s Criminal Scoresheet serves as a standardized method for calculating the potential sentence a defendant could face.
It also serves to determine whether a defendant will face prison time or be eligible for probation or house arrest.
The scoresheet is divided into three primary categories:
Offense severity level: This category involves the crime the defendant is being charged with, ranking it on a scale based on its severity.
Prior criminal history: A defendant’s criminal history plays a significant role in determining their total score. The more serious and frequent the defendant’s prior offenses, the higher their score.
Other factors: Additional considerations, such as enhancements for special circumstances or whether the offense involved a weapon, can add points to the scoresheet.
Each of these categories works together to determine the final number of points, which then corresponds to a recommended sentencing range.
Offense Severity Level
The offense severity levels range from Level 1 (the least serious) to Level 10 (the most serious). Felonies that are classified as more severe carry higher point values, increasing the defendant’s total score.
For example:
Level 1 offenses: These are considered minor felonies and include crimes such as third-degree felonies like possession of a small amount of controlled substances. A Level 1 offense is typically assigned 4 points.
Level 10 offenses: These are the most serious offenses, including first-degree murder, armed robbery, or human trafficking. A Level 10 offense can carry 60 points or more.
The scoring system helps to make sure that a defendant who commits a more severe crime is appropriately sentenced in comparison to someone who commits a less severe offense.
Having an experienced criminal defense lawyer like me, Attorney Jeffrey Higgins, on your side can also be beneficial when it comes to arguing for a less severe sentencing. This is especially true as the second major category in the Florida Criminal Scoresheet is the defendant's prior criminal history.
Prior Criminal History
The more serious and numerous the defendant's prior offenses, the more points they accrue.
The points for criminal history are assigned as follows:
Points for prior convictions: A defendant earns additional points for each prior conviction, depending on the offense's severity and the number of convictions.
For first-degree felonies: Prior convictions for the same or similar offenses can add significant points (up to 30 points for certain felonies).
For second-degree felonies: Prior offenses can add fewer points, but still significantly influence sentencing.
Points for prior incarceration: Time served in prison for past offenses can also add points to a defendant’s criminal history. If the defendant was previously incarcerated and served time for serious crimes, this will increase the sentencing points.
Prior juvenile offenses: Juvenile offenses can still impact the criminal history points, depending on their severity and whether they were committed during the defendant's adult life.
The accumulation of prior criminal history points can result in significantly higher sentencing ranges, meaning that those with extensive criminal backgrounds face much harsher penalties.
Other Factors and Enhancements
In addition to offense severity and prior criminal history, the scoresheet also includes factors that can add points based on the specifics of the offense. Some of the most common enhancements include:
Use of a firearm: If a firearm was used in the commission of the crime, additional points may be added to the score.
Victim injury: If the crime resulted in injury to a victim, this may increase the point value.
Offense characteristics: Certain characteristics of the offense, such as organized crime involvement or if the crime was committed against a vulnerable person (e.g., child, elderly person), may lead to additional points being assigned.
These enhancements serve to help make sure that defendants who commit more dangerous or egregious offenses are sentenced more harshly than those who commit less severe crimes. Once all the categories are scored, the total score is calculated.
Calculating the Total Score and Sentencing Range
This total score determines the defendant’s sentencing range. In general, the higher the number of points a defendant accumulates, the longer their potential sentence will be.
Florida’s sentencing guidelines provide a matrix, where the total points correspond to a suggested range of months or years in prison. For example:
A score of 0-44 points might suggest a sentence in the range of probation or a short term of incarceration.
A score of 45-59 points could result in a longer period of incarceration or a split sentence (part jail time, part probation).
A score of 60 points or more generally suggests a lengthy prison sentence.
While the scoresheet provides a guideline, judges retain discretion in determining the final sentence, especially in cases where mitigating or aggravating circumstances are present. This flexibility assures that each case is considered on its own merits.
How Does the Scoresheet Work in Sentencing?
Before a trial, defense attorneys and prosecutors will often assess the defendant’s potential scoresheet points to predict the possible outcomes of a trial and negotiate plea deals.
Plea Deals and Negotiations
Plea deals are a common outcome in the Florida criminal justice system. In many cases, defendants may choose to enter into a plea agreement as recommended by their criminal defense lawyer in order to reduce the severity of their charges or avoid the risk of a harsher sentence following a trial.
A defendant may agree to plead guilty to a lesser charge, reducing their points and improving their sentencing outcome. For example, if a defendant is initially charged with a second-degree felony, but pleads guilty to a third-degree felony, their total points would be reduced, resulting in a shorter sentence.
Defendants who choose to go to trial risk a harsher sentence if convicted. The scoresheet is used to predict the possible range of sentencing, which is an important factor when deciding whether to accept a plea or proceed to trial.
Judicial Discretion and Departures
Florida law allows for some flexibility when applying the scoresheet, with judges having the ability to depart from the sentencing guidelines under certain circumstances. This is known as a "departure sentence."
A judge may decide to impose a sentence above or below the recommended range based on factors such as:
Mitigating circumstances: These may include the defendant’s lack of a criminal record, their role in the offense (e.g., acting under duress), or their efforts toward rehabilitation.
Aggravating circumstances: These could involve the severity of the victim's injury, the defendant’s previous criminal history, or whether the crime was particularly violent or cruel.
However, a departure from the sentencing guidelines requires a valid reason, and judges are required to provide written justification if they deviate from the recommended sentence.
Impact of the Criminal Scoresheet System
While the system is designed to provide predictability, it has been criticized for not always accounting for the full range of circumstances. For instance, it may overlook the nuances of a defendant’s personal background, the specifics of the crime, or the possibility of rehabilitation.
Additionally, the rigidity of the system sometimes leads to disparities, particularly for defendants with multiple prior offenses, who may receive disproportionately severe sentences.
This is why working with an experienced criminal defense lawyer in Ocala, Florida, is so important. As your criminal defense lawyer, I, Attorney Jeffrey Higgins, will strive to reduce your sentence to the best of my ability, pointing out circumstances to the judge that may be key to your case.
Contact a Criminal Defense Lawyer Today
If you find yourself charged with a crime in Ocala, Florida, Ocala Defense is there for you. I serve clients throughout Ocala and the surrounding areas of Marion County, Lake County, Clermont, Leesburg, Tavares, and Eustis. Contact me today at Ocala Defense to schedule a consultation.