Florida Sentencing Guidelines and Chart

In Florida, felony convictions are sentenced according to the Criminal Punishment Code (CPC), a set of guidelines that helps determine the appropriate penalty. These sentencing guidelines take into account the severity of the offense, the defendant's criminal history, and other important factors to decide whether prison time is warranted and the length of the sentence. 

If you're facing a felony conviction in Florida, the CPC worksheet may be used to calculate your potential sentence. At Ocala Defense, I'm here to guide you through this process and explain how the sentencing guidelines apply to your specific case, considering any circumstances that may impact your sentence. 

Schedule a consultation with our team today to have your case reviewed by an experienced criminal defense attorney in Ocala, Florida.

How Are Florida's Sentencing Guidelines Used?

The CPC worksheet is a structured tool that helps judges calculate the recommended sentence by assigning numerical values based on several factors related to the crime and the defendant’s criminal history.

Here’s a breakdown of how the CPC worksheet works:

Offense Severity Level (Primary Offense Level)

Each felony offense in Florida is assigned a severity level, with more serious crimes (such as murder or armed robbery) being given higher levels, and less severe crimes (such as theft or drug possession) being given lower levels. 

The worksheet assigns points based on this severity level, and these points are factored into the overall sentence calculation.

Below are the point values tied to various offense levels under Florida's sentencing guidelines:

• 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

Florida's sentencing guidelines also take your criminal history into account.

Criminal History Points

Prior felony convictions are assigned points, with the number and severity of previous offenses influencing the total criminal history points. 

For example, someone with prior violent felonies may accrue more points than someone with only non-violent offenses in their past. The worksheet provides a formula to calculate these points, which are added to the total score.

Both felony and misdemeanor convictions from prior offenses are assigned point values based on the severity of the crime. Here 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

Although prior convictions generally carry lower point values than current charges, a history of serious offenses can still significantly affect the severity of your sentence.

Total Sentence Points

The total score helps determine the range of potential sentences for the defendant. A higher total points score generally corresponds to a longer recommended prison sentence, while a lower score may result in a shorter sentence or eligibility for probation.

Mitigating and Aggravating Factors

The CPC worksheet also allows for the consideration of mitigating and aggravating factors that could influence the final sentence. Mitigating factors, such as the defendant’s lack of a prior criminal record or their cooperation with authorities, may reduce the total points and lead to a more lenient sentence. 

Conversely, aggravating factors, such as committing the crime with excessive violence or harming a vulnerable victim, can increase the total sentence points.

For example, if a victim sustains injuries during the crime, Florida's sentencing guidelines impose additional 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

The total points for victim injuries will be multiplied based on the number of victims who were harmed in the crime. Points will also be assessed if you violate community sanctions, such as probation, community control, or a pre-trial diversion program.

Sentence Ranges

Based on the total points, the worksheet suggests a range of sentences, typically with a minimum and maximum prison term. Judges use these ranges as a guideline when imposing a sentence. 

If the total points fall within the range, the judge may sentence the defendant to prison time. If the total points suggest a sentence that's eligible for probation, the judge may impose that alternative sentence instead, depending on the circumstances of the case.

Florida law allows for sentence enhancements, which multiply the total sentence based on certain aggravating factors. These include drug trafficking, criminal gang involvement, domestic violence, and kidnapping or the false imprisonment of a child.

Enhancements increase the total sentence, affecting the final calculation of your punishment, and are applied to the subtotal of the points, not just the primary offense.

Judicial Discretion

While the CPC worksheet provides a recommended sentence based on the calculated points, Florida law gives judges discretion to adjust the sentence. 

A judge can depart from the recommended range if there's a valid reason based on the facts of the case, such as significant mitigating circumstances or an exceptional need for a harsher penalty. However, any deviation from the worksheet's recommended sentence must be explained in writing by the judge.

The CPC worksheet is a critical tool that helps determine the length and type of sentence in felony cases in Florida. By systematically evaluating the offense severity, criminal history, and other factors, the worksheet provides a structured approach to sentencing. 

As a skilled criminal defense attorney in Ocala, Florida, I can help make sure that all relevant factors are considered when completing the worksheet, working to achieve a positive outcome for you.

How Does Your Point Total Impact You?

The chances of being sentenced to prison with fewer than 22 total points is slim. Those with 22 points or fewer are often given probation, house arrest, or a county jail sentence.

If you have a range of points between 22 and 44, the judge may impose a sentence combining jail time with probation or house arrest depending on the circumstances of your case.

For those with a total number of points that exceed 44, the judge may implement the minimum guideline prison sentence. This is determined by subtracting 28 from your total score and multiplying that total by 0.75.

Of course, depending on your case, the judge may also enact a downward departure, which is when the judge elects to go below the minimum sentence. This can occur based on several factors, some of which (but not all) include:

• The defendant acted out of extreme duress

• The defendant was an accomplice with a minor role in the crime

• The defendant entered a plea bargain

For the judge to enact a downward departure, the decision will need to be subjected to appellate review before it can move forward. My firm at Ocala Defense may be beneficial here in arguing that your case ought to receive a downward departure.

Contact a Criminal Defense Lawyer Today

Determining your minimum and maximum sentence using the CPC guidelines can be difficult and overwhelming. Fortunately, when you choose to work with a skilled criminal defense lawyer like me, Attorney Jeffrey Higgins, you can rest assured that I'll help you through this process. If you're in Ocala, Clermont, Leesburg, Tavares, Eustis, Marion County, or Lake County, don't hesitate to contact Ocala Defense today.