Florida Felony Scoresheet: Punishment & Sentencing

What is Florida’s Felony Scoresheet?

Better known as the Florida Criminal Punishment Code Scoring System, it applies to all felonies, and it goes from level 1 through level 10, the level assigned depends on the felony offense committed. The higher the level, the more serious the offense. It is also important to note that “points” don’t go away, meaning that if a person commits more than one crime, points from previous crimes will count towards the overall total at the time of sentencing.

Here are a few important things to note:

• There are also points given for “victim injury” in the event of physical injuries or death suffered by a person as a direct result of the offense pending before the court
• Convictions for offenses committed more than 10 years before the date of the commission of the primary offense should not be scored as a prior record if the offender hasn’t been convicted of any other crime for a period of 10 consecutive years
• There are additional points given if the offender was in possession of a firearm while committing said offense
  • 18 additional points for a firearm
  • 25 additional points for a semiautomatic firearm, or machine gun
• For drug trafficking charges, which could land somewhere between a level 7 or 8, the points are multiplied by 1.5, in other words, drug trafficking is punished more harshly than other felonies
• If the offender is an adult (18 or over) and commits a crime against a minor, including sexual battery, the points will count as double
• There are many more clauses and details pertaining to the scoring sheet, it is always best to consult with an experienced Criminal Defense Lawyer to better explain how it all works

Offense Levels with Points for the Primary Offense

• Level 1 = 4 Points: Felonies of the third degree. Some examples include:
  • Counterfeit or altered lottery ticket
  • Fleeing or attempting to elude law enforcement
  • Possession of forged, stolen, or counterfeit driver’s license plates, or validation stickers
  • Petit theft (3^rd conviction)
  • Purchase of cannabis (weed/marijuana)
• Level 2 = 10 Points: Felonies of the third degree. Some examples include:
  • Grand theft, 3rd degree; $300 or more but less than $5,000
  • Forgery
  • Manufacture or delivery of drug paraphernalia
• Level 3 = 16 Points: Felonies of the third degree. Some examples include:
  • Felony DUI, 3rd conviction
  • Fleeing or attempting to elude law enforcement officer in a patrol vehicle
  • with siren and lights activated
  • A person directs another to discharge a firearm from a vehicle
  • Grand theft; $5,000 or more but less than $10,000
  • Burning to defraud insurer
  • Sell, manufacture, or deliver cannabis
  • Introduce contraband to correctional facility
• Level 4 = 22 Points: Includes felonies of the third and second degree, some examples include:
  • (2^nd degree) Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude a law enforcement officer who is in a patrol vehicle with a siren and lights activated
  • (3^rd degree) Battery on a person 65 years of age or older
  • (3^rd degree) Interference with custody; wrongly takes minor from appointed guardian
  • (3^rd degree) Exhibiting firearm or weapon within 1,000 feet of a school
  • (3^rd degree) Lewd or lascivious exhibition; offender less than 18 years

• Level 5 = 28 Points: Includes felonies of the third and second degree, some examples include:
  • (3^rd degree) Leaving the scene or failure to stop on accidents involving personal injuries other than serious bodily injury
  • (2^nd degree) obtaining fuel fraudulently
  • (3^rd degree) Donate blood, plasma, or organs knowing HIV positive
  • (2^nd degree) False reports of bombs, explosives, weapons of mass destruction, or use of firearms in a violent manner
  • (3^rd degree) Tortures any animal with intent to inflict intense pain, serious physical injury, or death
  • (3^rd degree) Resist arrest with violence
  • (2^nd degree) Sell, manufacture, or deliver cocaine or other drugs
• Level 6 = 36 Points: Includes felonies of the third and second degree, some examples include:
  • (3^rd degree) Felony DUI, 4th or subsequent conviction
  • (3^rd degree) Felony battery; domestic battery by strangulation
  • (3^rd degree) Abuse or neglect of a child
  • (2^nd degree) Operating a clinic, or offering services requiring licensure, without a license
  • (2^nd degree) Aggravated assault on law enforcement officer
  • (3^rd degree) Abuse or neglect of an elderly person or disabled adult
  • (3^rd degree) Assists or aids a person to escape
• Level 7 = 56 points: Felonies of the first degree, along with second and third degree, here are some examples:
  • (1^st degree) Accident involving death, failure to stop, leaving the scene
  • (3^rd degree) DUI resulting in serious bodily injury
  • (3^rd degree) Practicing a healthcare profession without a license
  • (3^rd degree) Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations
  • (2^nd degree) Aggravated battery; using a deadly weapon
  • (3^rd degree) Aggravated stalking; violation of court order
  • (1^st degree) Trafficking in fentanyl, between 4 and 14 grams
• Level 8 = 74 Points: Includes felonies of the first and second degree, some examples include:
  • (2^nd degree) DUI manslaughter
  • (1^st degree) Knowing trafficking in contraband prescription drugs
  • (1^st degree) Accessory after the fact, capital felony
  • (1^st degree) Human trafficking for labor and services of a child
  • (2^nd degree) Lewd or lascivious battery
  • (2^nd degree) Robbery with a weapon
  • (1^st degree) Trafficking in illegal drugs, more than 14 grams, less than 28 grams
• Level 9 = 92 Points: Felonies of the first degree are punishable by life, here are some examples:
  • DUI manslaughter: failing to render aid or give information
  • Medicaid provider fraud; $50,000 or more
  • Aggravated white-collar crime
  • Attempt, conspire, or solicit to commit premeditated murder
  • Human trafficking for labor and services of an unauthorized alien child
  • Possessing, selling, using, or attempting to use a weapon of mass destruction
  • Robbery with a firearm or another deadly weapon
  • Aggravated child abuse
  • Trafficking in fentanyl, 28 grams or more
• Level 10 = 116 Points: Includes 1st-degree and life felonies, here are some examples:
  • (1^st degree) Aggravated manslaughter of a child
  • (1^st degree, PBL) The unlawful killing of a human; the act is homicide, unpremeditated
  • (Life) Selling or buying of minors into human trafficking
  • (1^st degree, PBL) Home-invasion robbery with a firearm or another deadly weapon
  • (1^st degree) Treason against the state

Mitigating Circumstances

The Criminal Defense Attorney may look for circumstances that may help mitigate the overall minimum sentence (downward departure), some of these reasons could be:

• A legitimate, uncoerced plea bargain, which is basically an agreement with the prosecutor for a sentence that is less than the minimum mandatory according to the guideline score
• The defendant was an accomplice to the offense and was a relatively minor participant in the criminal conduct
• Substantial impairment of the defendant to understand the criminal nature of their conduct, or to understand how their conduct goes against the law
• The defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction, or for a physical disability, and the defendant is amenable to treatment
• The victim was an initiator, willing participant, aggressor, or provoker of the incident
• The defendant cooperated with the State to resolve the current offense or any other offense
• The defendant acted under extreme duress or under the domination of another person
• At the time of the offense, the defendant was too young to appreciate the consequences of the offense
• The offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse

Sentencing

If you have made it this far, by now you can see the scoring sheet process can get very technical and complicated, this of course is something that gets completed by the State Attorney. A single-digitized scoresheet per defendant should be prepared for the court to determine the permissible range for the sentence the court may impose. Please note that if the defendant is being sentenced for more than one felony, a separate scoresheet must be prepared. As you can see given the complexities of our legal system, it’s in the best interest of the accused to hire an experienced and competent criminal defense lawyer, like the ones at Smith & Eulo to help navigate and mitigate sentencing. Below are a few examples of what total points could mean to time spent behind bars:

• If total sentence points are equal or less than 44, the lowest permissible sentence is any nonstate prison sanction (which is usually less than 1 year)
• Anything scoring over 44 points means mandatory prison, and the length of the sentence is determined by the scoring system’s formula: (total points – 28) * .75, for example, if the defendant were to score 102 points, that would be equivalent to 5 months (4.6 years) in prison
• If total sentence points are greater than or equal to 363, a life sentence may be imposed

Our criminal defense attorneys have over 100 years of combined experience successfully litigating criminal cases across the state. If you or your loved one are in need of more information on a felony worksheet, call us at 407-930-8912 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Orlando location, we have offices in the following cities across the state of Florida:

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