Florida Sentencing Guidelines Chart

Being charged with a crime in Florida is overwhelming. You’re probably worried about what’s going to happen next, how much time you could face, and whether there’s any way to avoid jail or prison. One of the biggest factors in determining your sentence is Florida’s sentencing guidelines.

If you’re facing felony charges, the court will use a system called the Criminal Punishment Code (CPC) to calculate your potential sentence. This system assigns points based on the severity of the crime, your criminal history, and other factors. The higher the points, the more likely you're to face a mandatory prison sentence.

As a criminal defense lawyer in Ocala, Florida, I know that the Florida sentencing guidelines chart plays a crucial role in determining penalties for criminal offenses. My law firm, Defend Ocala, has a thorough understanding of how these guidelines work and when exceptions may apply.

Here’s what you need to know if you’re facing criminal charges in Florida so you can make informed decisions about your defense.

How Florida’s Sentencing Guidelines Work

Florida uses a point-based system to determine felony sentencing. Every felony offense is assigned a severity level, and that level dictates how many points it adds to your score. The more serious the offense, the higher the point value.

However, your sentence isn’t based on just one charge. Other factors—like additional offenses, prior convictions, and whether the victim was injured—also add points, increasing the likelihood of a prison sentence.

What Affects Your Sentencing Score?

Several factors influence how many points you accumulate on your scoresheet:

• Primary offense: Your most serious charge carries the most points. A minor charge may result in probation, while a high-level felony will quickly push you toward mandatory prison time.

• Additional offenses: If you’re facing multiple charges, each one adds more points, increasing your total score. Even lower-level felonies can add up quickly.

• Criminal history: Prior convictions—even for older cases—can significantly impact your sentence. The more severe your past offenses, the more points you receive.

• Victim injury: If someone was injured during the crime, extra points are added. More severe injuries result in higher point increases.

• Probation violations: If you were on probation at the time of the offense, you’ll receive additional points, making a non-prison sentence much less likely.

Each of these factors contributes to your overall sentencing score. Once your points are totaled, the court uses a formula to determine your minimum sentence.

If your total score is below 44 points, the judge has the discretion to sentence you to probation, house arrest, or another non-prison alternative. If your score is 44 points or more, a prison sentence is presumed.

To determine the minimum amount of prison time, the court applies this formula:

(Total points – 28) x 0.75 = Minimum months in prison

For example, if your total score is 60 points, the minimum prison sentence would be: (60 – 28) x 0.75 = 24 months (2 years) minimum sentence.

However, depending on the circumstances, a judge may have some flexibility to impose a lighter sentence through a downward departure, which I'll discuss later.

How Crimes Are Ranked in Florida

Because every felony is assigned a severity level, the type of crime you’re charged with plays a major role in your sentencing. Florida ranks felonies from Level 1 (least severe) to Level 10 (most severe), with each level assigned a specific number of points.

To give you a better idea of how crimes are ranked, here are some common charges and their corresponding severity levels:

• Level 1 (4 points): Petit theft with prior convictions. These low-level offenses typically don’t result in prison unless other factors increase your total score.

• Level 3 (16 points): Burglary of an unoccupied structure. While this isn’t the most serious burglary charge, it can still add significant points, especially with prior offenses.

• Level 5 (28 points): Grand theft over $10,000. Financial crimes like theft and fraud can quickly push your score over the threshold for mandatory incarceration.

• Level 7 (56 points): Carjacking without a weapon. Even without a weapon involved, crimes like carjacking start with high point values, making a prison sentence likely.

• Level 8 (74 points): Sexual battery with force. Violent crimes, particularly those involving harm to a victim, carry severe penalties and high point values.

• Level 10 (116 points): First-degree murder. The most serious crimes result in automatic life sentences or even the death penalty in some cases.

As you can see, the severity of your charge matters. However, even if your primary offense is low-level, other factors (like a criminal record or multiple charges) can push your score high enough to trigger mandatory prison time.

Can You Avoid a Prison Sentence?

If your score is above 44 points, you might think prison is inevitable, but that’s not always the case. Florida law allows judges to impose a sentence below the guideline recommendation in certain situations. This is called a downward departure and can be one of the best ways to avoid time behind bars.

A judge may grant a downward departure if specific mitigating factors apply to your case, such as:

• You played a minor role in the crime: If someone else was the mastermind and you were only minimally involved, the judge may impose a lighter sentence.

• You acted under extreme duress: If you were forced or pressured into committing the crime, your criminal defense lawyer may argue that you should receive a lesser penalty.

• You have a documented mental illness: If a medical professional can show that a mental health condition contributed to the offense, the court may consider treatment instead of prison.

• You’ve shown remorse and are willing to cooperate: Demonstrating genuine regret and a willingness to assist law enforcement can sometimes lead to a reduced sentence.

Securing a downward departure isn’t automatic; it requires strong legal arguments and compelling evidence. An experienced criminal defense lawyer can present your case in a way that maximizes your chances of receiving a reduced sentence.

Mitigating and Aggravating Factors in Sentencing

While Florida’s sentencing guidelines provide a structured way to determine punishment, judges still consider mitigating and aggravating factors before issuing a final sentence. These factors can either work in your favor (reducing your sentence) or against you (increasing penalties).

Mitigating Factors

A strong legal strategy focuses on highlighting mitigating factors that justify a lighter punishment. Some of the most common include:

• No prior criminal record: If this is your first offense, the court may be more willing to impose probation or alternative sentencing rather than prison time.

• Acceptance of responsibility: Demonstrating remorse and cooperating with the legal process can sometimes lead to a reduced sentence.

• Participation in rehabilitation: If your offense was related to substance abuse, voluntarily entering a treatment program can show the court that you're taking steps to change.

• No significant harm caused: In non-violent cases, if the crime didn't result in physical harm or serious financial loss, the judge may be more lenient.

• Unusual circumstances: If personal hardships (such as financial distress, illness, or family issues) contributed to the crime, the court might consider them when determining your sentence.

However, just as these factors can work in your favor, others can have the opposite effect.

Aggravating Factors

Certain aggravating factors can make a judge impose a harsher sentence, even beyond what the sentencing guidelines suggest. These include:

• Use of a deadly weapon: If a firearm or other weapon was involved, sentencing enhancements may apply, increasing the severity of your punishment.

• Criminal history: Repeat offenders often receive harsher penalties, particularly if prior offenses are similar to the current charge.

• Injury or harm to a victim: If someone was hurt as a result of the crime, this can lead to additional sentencing points and a longer sentence.

• Crime committed in front of a child: Offenses that occur in the presence of minors—such as domestic violence or drug-related crimes—often carry stricter consequences.

• Targeting vulnerable individuals: If the crime involved elderly victims, children, or individuals with disabilities, the judge may impose a harsher sentence.

Your criminal defense lawyer’s job is to minimize aggravating factors and emphasize mitigating circumstances to secure the best possible outcome. 

By presenting evidence, character references, and professional testimony, your criminal defense lawyer can argue for a more favorable sentence—whether that means probation, reduced charges, or avoiding a lengthy prison term.

Contact a Criminal Defense Lawyer Today

If you're being charged with a crime, don't hesitate to reach out to me, Attorney Jeffrey Higgins. I serve clients throughout Ocala, Florida, and the surrounding areas of Marion County and Lake County, including Clermont, Leesburg, Tavares, and Eustis. Contact Defend Ocala today to schedule a consultation.