The Florida Sentencing Guidelines apply to anyone charged with an adult felony in Florida. The Guidelines combine several different factors, such as one’s current charge[s] and prior criminal history, to proscribe a “lowest permissible sentence” to the sentencing judge. In many cases, the Guidelines limit the sentencing judge’s ability to sentence the person to jail or probation. If a person accumulates more than 44 points under this calculation system, that person begins to “score” a prison sentence, which is a sentence of more than 12 months incarceration. However, at 44 points or under, the sentencing judge is able to sentence the person to a county jail sentence and/or probation, provided that there are no other restrictions on the judge, such as a mandatory minimum.

In many instances, the judge can sentence a person below the “lowest permissible sentence” under the Guidelines. This can only happen if Defense can establish that there is at least one basis that could justify a “departure” AND convinces the judge to impose the sentence the Defense is proposing.

The Florida Sentencing Guidelines calculate the following factors in determining a person’s “lowest permissible sentence:”

• Primary (Most Serious) Current Offense

• Additional Offenses

• Injuries to Victim

• Prior Criminal History

• Legal Status at time of Offense(s)

• Probation/Community Control Violations

• Point Multipliers for specified circumstances

The Florida Sentencing Guidelines are not the only factor which might influence or limit the trial judge’s discretion to sentence a person. Many charges include one or more “mandatory minimum” sentences in addition to the Guidelines proscribed sentence. For example, an Aggravated Battery may only score 40 months under the Guidelines, but also have a 25-year mandatory minimum sentence because the victim was shot with a firearm.

Sentencing after a conviction can be very complex. Every case is different. Every person has a different story. If you or are loved one is concerned about sentencing under the Florida Guidelines, contact me now for a free consultation.

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