In Florida, sentencing guidelines are a set of rules and principles used by judges to determine appropriate sentences for criminal offenses. These guidelines consider factors such as the nature of the crime, the defendant's prior criminal history, and any aggravating or mitigating circumstances.

Florida’s sentencing guidelines are primarily governed by the Florida Criminal Punishment Code (FCPC), established by the Florida Legislature. The FCPC uses a structured point system to determine sentencing ranges.

Here’s an overview of how sentencing guidelines work in Florida:

• Offense Severity Level: Each offense is assigned a severity level, ranging from Level 1 (least severe) to Level 10 (most severe).

• Offense Points: Offenses are assigned points based on their severity level. For example, a Level 1 offense might carry 4 points, while a Level 10 offense might carry 74 points.

• Criminal History Points: The defendant’s prior criminal history is assessed, with additional points assigned for previous convictions.

• Total Points: The offense points and criminal history points are combined to calculate the total points score.

• Sentencing Range: The total points score corresponds to a sentencing range on a scoresheet, indicating the minimum and maximum sentence a judge may impose.

• Sentencing Departures: Judges have discretion to depart from the guidelines in certain circumstances, such as when mitigating factors or the interests of justice warrant it.

• Aggravating and Mitigating Factors: Aggravating factors (e.g., the offense's severity) and mitigating factors (e.g., the defendant’s remorse) may influence the final sentence.

While the sentencing guidelines provide structure, judges are not strictly bound by them. They may consider additional factors and exercise discretion, provided their decisions align with the law.

For specific details about sentencing guidelines, offense severity levels, and the Florida Criminal Punishment Code, consult the latest updates to the FCPC.

If you have questions about Florida’s sentencing guidelines, contact Howeller Law P.L.L.C. today. Consultations are always free.