Call us today for a FREE legal consultation : (352) 253-2250
The most basic construct of Florida Sentencing is a determination of the offense level and corresponding Maximum punishment.
In addition to this very basic level structure there are "highbred" offenses which increase the maximums for certain offenses or provide minimum mandatory sanctions.
The most prominent "highbred" offense is a DUI. The DUI sanctions are as follows:
DUI- Driving Under the Influence, F.S. 316.193
In all DUI cases a conviction is mandatory, together with a probation term, up to 1 year.
Sanctions if Blood Alcohol Level (BAL) is under .15: If BAL is over .15 (or accompanied by a minor):
IGNITION INTERLOCK DEVICE
VEHICLE IMPOUND OR IMMOBILIZATION
DRIVER'S LICENSE ACTION
10-20-Life (F.S. 775.087)
During the commission of a felony listed under this statute,
The term minimum mandatory denotes a term of "day for day" incarceration with no gain time given for good behavior.
Drug Trafficking (F.S. 893.135)
Cannabis: (1st degree felony)
Cocaine (Includes any mixture)
Conviction for Sale or Possession with Intent within 1,000 feet of a designated area results in a 3 year minimum mandatory.
Heroin and Most Common Prescription Pain Pills (all include any mixture)
Conviction for Sale or Possession with Intent within 1000 feet of a designated area results in a 3 year minimum mandatory.
Methamphetamine (Including any Mixture i.e. Meth Oil)
Conviction for Sale or Possession with Intent within 1,000 feet of a designated area results in a 3 year minimum mandatory.
SEVERITY RANKING
Any Felony discussion of Florida Sentencing must begin with the Florida Statute 921.0022. This Statute includes the, "Offense Severity Ranking Chart."
The ranking system provides a severity score for most felonies. The score is a 1-10 scale, with 1 constituting the least severe and 10 the most severe. Hundreds of the more common felonies are listed in this statute.
These points are then calculated to come up with a point score based upon Rule 3.992(a) Criminal Punishment Code Scoresheet. The Primary Offense (the offense that scores the most points) is given its full point value. Additional Offenses (are listed as a fraction of their primary score) prior history points are also scored at a fraction. Any enhancements are charged at the end. If the total point score is more than 44 total sentencing points, prison is presumed.
For a score above 44 points, mitigating factors must be proven to depart from the prison sentence. These factors are listed in F.S. 921.0026. Drug or alcohol abuse or dependency is not a statutory mitigating sentence.