Florida Scoresheets and Mandatory Minimum Sentences

In determining what the potential sentences will be pursuant to a plea or loss at trial, an attorney must research and request a scoresheet from the prosecutors office.  The threshold for mandatory prison sentence is 44 points in Florida.  If a person has 45 points, then the minimum sentence that a person must be sentenced to is about 13 months.  That is based on the calculations done and the level of the offense charged.  The levels run from 1 to 10 for different crimes.  Primary offenses score the highest on the scoresheet.  Additional pending secondary offenses and past criminal history are assigned a lower point value.  If the defendant scores more than 45 points, the only way to avoid a prison sentence is to seek a downward departure pursuant to one of the categorized exceptions.  The most common exception is a legitimate uncoerced plea with the state attorneys office (obviously, this negotiation must be approved by the Judge).  Other examples of recognized downward departure reasoning is that the defendant is a youthful offender, was too young to appreciate the nature of the crime, an accomplice or minor participant in the criminal conduct, the capacity of the defendant to appreciate the criminal conduct was substantially impaired, requires specialized treatment for mental disorder, required payment of restitution to victim, the victim was an aggressor, was under extreme duress, victim was substantially compensated, defendant cooperated with the state to resolve a current offense, or committed an offense in an unsophisticated manner and was an isolated incident which remorse is shown.  If one of those exceptions applies, then the Judge can unilaterally enter an sentence below the scoresheet minimum sentence despite objections from the state.  Again, every case is different and there may be circumstances in which downward departure sentences cannot be imposed.  Those will be discussed in a subsequent article.