The Criminal Punishment Code Scoresheet.
As discussed in Part I of this 3 part series on Felony Sentencing in Okaloosa County, the degree of felony tells us what the maximum sentence is.
What About Mandatory Minimums?
In order to determine if there is a mandatory minimum that applies, we must look at the level of the offense.
In Florida, there are 10 levels of Felony Offenses with 10 being the most serious and 1 the least serious. Each level carries a point value, as follows:
Level 1: 4 points
Level 2: 10 points
Level 3: 16 points
Level 4: 22 points
Level 5: 28 points
Level 6: 36 points
Level 7: 56 points
Level 8: 74 points
Level 9: 92 points
Level 10: 116 points
Why Are The Points So Important?
If your total point score is less than 44 points, it is NOT mandatory that the Judge sentence you to prison. In other words, with less than 44 points, you are not facing a mandatory minimum prison sentence. The Judge CAN sentence you to prison but it is not mandatory if you “score” less than 44 points.
What If I Score More Than 44 Points?
You are facing a mandatory prison term if your total point score is 44 points or greater.
What If I Have Multiple Charges or Prior Charges? Are Those Scored Against Me?
Unfortunately, yes.
The highest level current charge is called the Primary Offense and it is scored using the point values above.
Any other current charges are called Secondary Offenses. Secondary and Prior Offenses are scored as follows:
Secondary Offense
Level 1: 0.7 points
Level 2: 1.2 points
Level 3: 2.4 points
Level 4: 3.6 points
Level 5: 5.4 points
Level 6: 18 points
Level 7: 28 points
Level 8: 37 points
Level 9: 46 points
Level 10: 58 points
Prior Offense
Level 1: 0.5 points
Level 2: 0.8 points
Level 3: 1.6 points
Level 4: 2.4 points
Level 5: 3.6 points
Level 6: 9 points
Level 7: 14 points
Level 8: 19 points
Level 9: 23 points
Level 10: 29 points
Are The Primary, Secondary, and Prior Offenses Added Together?
Yes. You are facing a mandatory prison term if your total score is 44 points or more.
Can You Give Me An Example To See How This Works?
Lets say you are charged with Aggravated Battery with a Deadly Weapon and you have a prior charge of Possession of Controlled Substance.
Your scoresheet would be computed as follows:
The Aggravated Battery with Deadly Weapon charge is a 2nd degree, Level 7 offense which carries 56 points since it is scored as the Primary Offense.
Your prior Possession charge is a 3rd degree, Level 3 charge which carries 1.6 points since it is scored as a Prior Offense.
If there are no other sentencing enhancements, you would score 57.6 points.
In other words, you would face up to 15 years in prison for the Aggravated Battery charge (2nd Degree punishable by up to 15 years), and you would be facing a mandatory minimum sentence of 22.2 months in prison because of your 57.6 points.
How Did You Calculate The 22.2 Month Sentence?
There is a very simple formula to calculate a minimum sentence under the Sentencing Guidelines:
(Total Points – 28) X 0.75 = lowest permissible sentence in months.
Some examples:
57.6 points
(57.6-28) X 0.75 = minimum of 22.2 months in prison
82 points
(82-28) X 0.75 = minimum of 40.5 months in prison
105 points
(105-28) X 0.75 = minimum of 57.75 months in prison
Are There Any Other Factors That Can Increase My Point Score?
Florida Sentencing Guidelines also take into account additional factors such as:
Victim Injury
–Slight Injury: 4 points
–Moderate Injury: 18 points
–Severe Injury: 40 points
–Death: 120 points
Sexual Penetration: 80 points
Sexual Contact: 40 points
If applicable, the points from these additional sentencing factors are added to the points for the offenses themselves.
So If I Have More Than 44 Points, Is It For Sure I Am Going To Prison?
No!
Next week’s blog (Part III) will discuss Downward Departures, Capped Sentences, and Suspended Sentences.
A creative and dedicated Felony attorney can closely examine your prior record and your scoresheet for mistakes that may be causing your point score to be higher than it should be.
At Flaherty Defense Firm, Tim Flaherty and Shawn Lupella are experienced Okaloosa County felony attorneys. Criminal Defense is the only type of law we practice. A lot of attorneys “dabble” in felony work and hope for a quick plea. We regularly practice in front of all the Okaloosa County Judges in Crestview and Shalimar (Soon to be Fort Walton Beach).
We have a proven track record of success in Okaloosa County felony cases.
At Flaherty Defense Firm, we have two goals for every one of our clients charged with a felony: (1) Keep our client out of jail, and (2) Keep a felony conviction off of our client’s record. We will do whatever it takes to accomplish both of those goals.
If you or a loved one has been charged with a Felony in Fort Walton Beach, Crestview, Niceville, Navarre, or anywhere in Okaloosa County or Santa Rosa County, call Flaherty Defense Firm at (850) 243-6097 for a free consultation. We are available 24/7 for our clients, so call anytime, day or night.
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