What are Florida Criminal Law Scoresheets?
There are almost always consequences if you get convicted of a felony in Florida but you won’t always know exactly what the penalty is likely to be until you go to court and the judge and jury decide. Before any decision is made, the prosecutor will have made up a sentencing score sheet just for you. This is a requirement under Florida law and no person’s score sheet is typically likely to be the same as it is worked out by going through a series of calculations.
The calculation takes different factors related to your situation and each factor is assigned a number. If the total reaches 44 points, you will be given a prison sentence. If the score is less than 44 points, you may end up with a sentence in a county jail, with or without a fine, probation or community control which is house arrest. You could still find you are given a prison term, but this is not mandatory. If your score is 22 points and your sentencing is for a third degree felony, you can only be sent to prison if the judge through written findings has determined that sending you to a jail might create a risk to the surrounding community.
If you don’t fully understand the score sheet, talk to experienced Miami criminal defense attorney, Albert Quirantes, who will give you all the help you need.
Factors used for calculating the score sheet
The first is the primary offense, which will be your most serious charge. For example, cocaine possession is categorized as a level 3 offense, which attracts 16 points. A level 7 offense is residential burglary which attracts 56 points. All the main charges can be found in Florida Statute 921.0022(3). The second section is classified as additional offenses. This section won’t be filled in if you have just been charged with only one count.
However, if there is more than 1 count, these will be added to the list. Like the primary offense, each of the charges is given points but they are not as high as those assigned to primary offenses. For example, cocaine possession will be 2.4 points, which will added to your score sheet, while residential burglary will be 28 points added to your score sheet. It’s not just the offense itself that creates points but also if any victim was injured. Points are added depending on the severity of the injury. An injury is graded as severe, moderate or slight and if a death occurred this attracts points as well. It’s the prosecutor who decides the severity of the injury and what points it attracts.
The third section is concerned with your previous record. Each charge which resulted in a conviction is assigned points; even a juvenile charge could be added if it took place within 5 years of a primary offense already added to the score sheet. It’s not all bad because if you haven’t been convicted for 10 consecutive years, any of the older convictions won’t be included in your score.
Calculating your score sheet accurately is crucial but this doesn’t always happen so you will need the help of an experienced attorney who will go through your score sheet with a fine tooth comb to ensure the calculations are accurate. Call Miami criminal defense, Albert Quirantes, today at 305-644-1800.
Albert Quirantes: Your Miami Criminal Defense Lawyer & DUI Lawyer
For over 30 years, Miami criminal defense attorney Albert M. Quirantes has been aggressively and zealously defending the rights of those accused of felony and misdemeanor crimesthroughout South Florida. With his dedicated team, reasonable legal fees, and a well-earned reputation for challenging prosecutors at every turn, he has protected over 8,000 clients during some of the roughest times of their lives.
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If you have been arrested and charged with a crime, please call us today at (305) 644-1800 or fill out our online form to arrange for your free, confidential initial consultation.
If you have any questions about this or any other criminal accusation, call Miami Criminal Defense Lawyer Albert Quirantes at: (305) 644-1800 or visit our homepage www.CriminalDefendant.com for a direct link to the office or a text message or a map and directions to our office.
