“Will I go to jail?” One might ask such questions if they are arrested for a felony. However, authorities have undergone certain procedures to determine if you will be put in jail.
If a person commits a felony, a point system is used to sentence the case. The Florida Criminal Punishment Code (CPC) uses a point system to determine sentencing for felony offenses. This system evaluates sentencing scores that determine the minimum sentence based on the severity of the crime and other factors related to the defendant’s criminal history and the nature of the offense.
What Is Florida’s Criminal Punishment Code?
The Criminal Punishment Code states that there is a point system assigning offense levels between 1 and 10 to every felony offense, and the numbers carry a point value. The higher the offense level, the more serious the crime committed.
Aside from assigning offense levels, the CPC assessment includes additional points for crimes such as legal status violations, firearm possession, and victim injury.
Overall, the Florida Criminal Punishment Code utilizes the Scoresheet Preparation Manual. The point value determines the person’s crime; if the total points are 44 or more, the person will be sentenced to prison or will serve a mandatory prison sentence.
On the other hand, if the person obtained below 44 points or was convicted for chronic substance abuse, the person is qualified for probation or community control.
Exception for Chronic Substance Abusers
Florida Statute 948.20 states that a judge can sentence probation instead of prison to a convicted drug offender, despite a non-violent felony under the Criminal Punishment Code score of less than 60 points, if the offender is proven to have chronic substance abuse.
Florida’s Criminal Scoresheet & Point System
| Offense Level | Primary Offense Point Value | Additional Offense Point Value | Prior Record Point Value |
|---|---|---|---|
| Level 1 | 4 | 0.7 | 0.5 |
| Level 2 | 10 | 1.2 | 0.8 |
| Level 3 | 16 | 2.4 | 0.7 |
| Level 4 | 22 | 3.6 | 2.4 |
| Level 5 | 28 | 5.4 | 3.6 |
| Level 6 | 36 | 18 | 9 |
| Level 7 | 56 | 28 | 14 |
| Level 8 | 74 | 37 | 19 |
| Level 9 | 92 | 46 | 23 |
| Level 10 | 116 | 58 | 29 |
Legal authorities use Florida’s criminal punishment scoresheet; the crimes are designated as Primary Offenses, Additional Offenses, and Prior Records at sentencing. These are the basis for the person’s score.
The highest offense level is the Primary Offense. If the person committed two crimes of the same offense level, one will be designated as the Primary Offense and the other as an Additional Offense. If the person has a criminal history, the record will be placed under Prior Record.
When the Primary Offense appears, the point value is higher than for an Additional Offense or Prior Record.
The number of points is then assigned and determined by the Offense Level of the Primary Offense, Additional Offenses, and Prior Record. The offenses are listed on the Criminal Punishment Code scoresheet.
Additional Sentencing Factors
Regarding the Offense Level points, the Criminal Punishment Code also considers additional points when certain conditions are involved:
- Violations of Legal Status
- Injury to Victims
- Violations of Community Sanctions
- Enhancement multipliers
- Possession of firearms or semi-automatics
- Felonies in the past
Such situations can significantly raise a person’s final score.
Point Total Results
The Primary Offense, Additional Offenses, Prior Record, and Additional Sentencing Factors are separately subtotaled and then combined to establish an individual’s point total and whether they receive a jail sentence.
A person is eligible for community control or probation if their total score is fewer than 44 points, and the calculation ends.
The minimum allowable jail sentence is determined by deducting 28 from the total number of points and multiplying the result by 0.75 if the total points are more than 44.
(Total: 28 Points) *.75 = Minimum Permissible Prison Sentence (Months)
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FAQ
How many points is a 3rd-degree felony in Florida?
A 3rd-degree felony in Florida is equivalent to 16 points. That includes escaping or trying to avoid a patrol officer or a criminal with a third conviction for DUI.
How does the criminal point system work in Florida?
The Punishment Code has several offense levels for each criminal offense; the greater the offense level, the more points the offense carries. There are ten distinct offense levels, and a level 1 offense is worth four points, while a level 10 offense is worth 116 points.
How many points do you need to go to jail in Florida?
A defendant is said to have “scored prison” if they have 44 or more points on the score sheet.
