Sentencing in Florida Criminal Cases

Felony sentencing in Florida is governed by the Criminal Punishment Code (CPC), established under Florida Statutes Chapter 921. The CPC replaced the earlier sentencing guidelines system in 1998 and applies to all felony offenses committed on or after October 1, 1998.

Purpose of the Criminal Punishment Code

The Criminal Punishment Code is designed to structure sentencing discretion by establishing a recommended sentence range based on objective factors. The CPC uses a numerical scoring system that produces a minimum recommended sentence. Judges may sentence at or above the minimum recommended sentence, but imposing a sentence below the minimum requires a written finding of substantial and compelling reasons.

The Sentencing Scoresheet

At sentencing, a scoresheet is prepared for each defendant. The scoresheet calculates a total score based on:

• Primary offense: The most serious offense for which the defendant is being sentenced. Each felony degree carries a designated point value.
• Additional offenses: Other offenses being sentenced simultaneously receive a percentage of their full point value.
• Prior record: Prior felony and misdemeanor convictions add points based on the severity of each prior offense.
• Victim injury: Physical injury, sexual penetration, or death of a victim adds additional points.
• Legal status: Being on probation, parole, or other supervision at the time of the offense adds points.
• Sentencing multipliers: Certain circumstances, such as committing an offense in a drug-free zone or with a weapon, multiply the total score.

Calculating the Minimum Recommended Sentence

Once the scoresheet total is calculated, it is converted to a recommended minimum sentence in months of incarceration using a formula established in Florida Statute 921.0024. If the total score is 44 points or fewer, a non-state prison sanction may be appropriate. Scores above 44 points produce a minimum prison term calculated as: (total score minus 28) multiplied by 0.75, expressed in months.

Mandatory Minimum Sentences

Certain offenses carry mandatory minimum sentences under Florida law that operate separately from the CPC scoresheet. These include drug trafficking offenses under Florida Statute 893.135, offenses involving firearms under the 10-20-Life statute (Florida Statute 775.087), and offenses against law enforcement officers. Where a mandatory minimum applies, the court has no discretion to impose a lesser sentence regardless of the scoresheet calculation.

Downward Departures

Florida Statute 921.0026 sets out circumstances under which a court may impose a sentence below the minimum recommended by the scoresheet. These circumstances include cases where the defendant was an accomplice whose participation was minor, where the offense was committed under extreme duress, where the defendant requires specialized treatment for a mental disorder, or where the victim was a participant in the offense. A written finding by the court explaining the departure is required.

Right to Legal Representation

Any person facing sentencing in a Florida felony case has the right to legal representation at the sentencing hearing and at all other stages of the criminal proceeding.

Contacting a Criminal Defense Attorney

Florida law provides individuals the right to legal representation when facing criminal charges. Anyone facing felony sentencing in Indian River County or the Treasure Coast area may contact a qualified criminal defense attorney to discuss their situation and legal rights.

To speak with a criminal defense attorney in Vero Beach, call 772-WIN-CASE or send an email inquiry.