Top-Rated Central Florida Criminal Defense Attorney
At Frost Law, we are committed to defending your rights. As a former prosecutor, Attorney Frost has prosecuted thousands of felony and misdemeanor cases. He has extensive knowledge of how our local criminal justice system works and will help defend you to the fullest extent possible.
The Florida Legislature has created guidelines for sentencing defendants. Most of the time this involves a scoresheet for felony cases. A scoresheet is the Legislature’s way of giving judges guidelines. Sometimes the guidelines require the judge to make written findings in order to depart from the guidelines.
As a former prosecutor, Attorney Frost created a scoresheet for every felony case he prosecuted. Over the years, he created hundreds of them. This experience is important when it comes to sentencing because a scoresheet is the life blood of a judge’s determination on sentencing.
For an in depth look at scoresheets, you can reference the manual created by the Florida Department of Corrections by clicking here. Since it is fairly long and extensive, the basics are included here.
The primary offense is the highest offense that a person can be charged with. It will lay out the degree of the offense, statute, description and level of the offense. The points are important because as they add up, the possible severity of the sentence increases.
Additional offenses are just that, additional offenses that someone is charged with in the case. Even misdemeanors can be added in this section (if the primary offense is a felony, the additional offenses can be misdemeanors). The point system changes an offense charge, as a primary offense doesn’t get the same number of points as if it charged as an additional offense.
Prior record is the record of a person’s past criminal activity. One thing to note about a prior record is if the primary offense occurred and it has been 10 years since the “most recent date of release from confinement, supervision or sanction, whatever is later” F.S. 912.02(5), then the prior record doesn’t score any points on the scoresheet for the new case. For example, if a crime of grand theft auto was the primary offense 20 years ago and a person was released from prison with no subsequent sentencing sanction and hasn’t committed any crimes in 11 years, then the prior record doesn’t score any points.
However, if there is even one crime that occurred in the last ten years, then all crimes score points, no matter how old they are. For example, if 20 years go someone was released from prison for Aggravated Battery with no subsequent sentencing sanction but 5 years later that person committed a Disorderly Intoxication, then both Aggravated Battery and Disorderly Intoxication score points.
There are also, additional parts to the scoresheet that multiply or add points. For example, victim injuries can affect the score by increasing the points. Violations of probation can also increase the scores.
Pursuant to F.S. 921.0024, if the Total Sentence Points are:
Under 22 Points
The court must sentence the defendant to a non-state prison sanction, unless the judge determines that the defendant is a danger to the community.
More Than 22 Points, But Less Than 44 Points
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