Understanding Florida’s Sentencing Guidelines: How Judges Determine Penalties

When someone is convicted of a crime in Florida, the next question is: What sentence will the judge impose? The answer isn’t always straightforward. Florida uses a structured Criminal Punishment Code (CPC) that assigns point values to offenses — and those points determine what sentencing options are available.

At The Bonderud Law Firm, we help clients understand their exposure and work to reduce or avoid prison time. Here’s how sentencing really works in Florida.

What Are Florida’s Sentencing Guidelines?

Florida’s Criminal Punishment Code is a scoring system that helps judges determine a fair and proportionate sentence for felony offenses. Each charge — and certain background factors — are assigned point values. The total number of points determines the lowest permissible sentence a judge can impose.

The guidelines apply to felony cases only — misdemeanors are not scored under this system.

How Does the Scoring Work?

Each defendant’s case is assigned a scoresheet that includes:

• Primary offense (the most serious current charge)
• Additional offenses (other charges in the same case)
• Victim injury points (based on severity of harm)
• Prior record (criminal history, scored by type and recency)
• Legal status violations (e.g., on probation or escape status)
• Enhancements (firearm use, gang activity, drug trafficking, etc.)

Once the total score is calculated:

• If the score is 44 points or fewer, the court may impose any non-prison sanction, including probation.
• If the score is more than 44 points, the court must impose a minimum prison sentence, unless there is a valid reason for a downward departure.

What Is a Downward Departure?

A downward departure allows the judge to impose a lesser sentence than what the CPC requires — but only if certain statutory reasons apply, such as:

• The defendant was an accomplice with a minor role
• The offense was isolated and out of character
• The defendant has a mental illness requiring treatment
• The victim was an initiator or participant
• The defendant cooperated with law enforcement

The defense must file a motion for downward departure, and the judge must find both a legal basis and that it’s justified under the facts.

Other Sentencing Factors

In addition to the scoresheet, judges consider:

• Victim impact statements
• Pre-sentence investigation reports (if requested)
• Recommendations from the prosecutor or defense
• Mitigation evidence (employment, rehabilitation efforts, family support, etc.)

Sentencing Is a Strategy — Not a Math Problem

Even though Florida uses a scoring system, sentencing is far from automatic. An experienced defense attorney can advocate for reduced scores, diversion programs, probation, or departures from the minimums.

At The Bonderud Law Firm, we work tirelessly to minimize the impact of sentencing on our clients’ lives and futures. Contact us today to schedule a consultation.