Florida Sentencing Scoresheet Explained by an Orlando Defense Attorney

By: John Guidry II

If you’ve been charged with a felony in Florida, your first question is likely, “What’s going to happen to me?” As an Orlando criminal defense attorney with over 32 years of experience, I know that fear. The answer begins with a complex document called a Criminal Punishment Code Scoresheet.

Before any Florida judge can impose a felony sentence, they must review this scoresheet. It’s so important that my most experienced clients don’t ask what they’re facing; they ask, “What do I score?”

Let’s break down how this system works.

Facing a Felony in Orange, Seminole, or Osceola County? Understanding your scoresheet is the first step. Call me, John Guidry, for a confidential analysis of your case. Call Now: (407) 423-1117

What are the “Magic Numbers” on a Florida Scoresheet?

A scoresheet is essentially a point-based system. The total number of points determines the judge’s sentencing options. There are two critical thresholds:

• Scoring Over 44 Points: If your total points exceed 44, the judge has very little discretion and is generally required to sentence you to a minimum term in a state prison.
• Scoring Under 22 Points: If your total points are below 22, the judge cannot sentence you to prison without providing specific legal grounds to depart from the guidelines.

How Your Scoresheet Points are Calculated: A Step-by-Step Guide

Calculating your score involves simple math, but the details are crucial. Let’s use a real-world example.

Step 1: The Primary Offense Every crime is assigned a point value. This is the starting point.

• Example: A Burglary of a Dwelling charge is a Level 7 offense, which automatically scores 56 points.

Step 2: Adding Points for Prior Record The prosecutor will add points for every prior criminal conviction on your record.

• Example: A prior conviction for possession of cocaine might add a few more points. Our total is now close to 60 points.

Step 3: Adding Points for Legal Status Violations If you were on probation, parole, or in a diversion program when the new offense allegedly occurred, more points are added.

• Example: Being on probation can add 4 to 6 points. Our running total is now ~62 points.

The Final Calculation: From Points to a Minimum Prison Sentence

That total of 62 points is not the final number. To determine the lowest possible prison sentence, we use one last mandatory formula:

(Total Points – 28) x 0.75 = Minimum Permissible Months in Prison

Using our example: (62 – 28) x 0.75 = 25.5 Months

This means that if you score 62 points, the judge cannot give you a sentence of 24 months. The absolute minimum prison sentence they can legally impose is 25.5 months.

Why You Need an Attorney to Challenge Your Scoresheet

A scoresheet seems rigid, but it is not set in stone. An experienced criminal defense attorney can make a significant difference. My role is to:

• Verify Accuracy: I scrutinize the scoresheet to ensure the prosecutor hasn’t made errors, such as misclassifying prior offenses or improperly adding points.
• Challenge Prior Convictions: We can argue that certain prior offenses should not be included or were scored incorrectly.
• Negotiate for a Better Outcome: Even with a high score, I can negotiate with the prosecutor for charge reductions or plea agreements that avoid the mandatory minimums.
• Argue for a “Downward Departure”: We can present mitigating circumstances to the judge, providing legal reasons to sentence you below the calculated minimum.

Your scoresheet is the starting point of the sentencing battle, not the end. Having an expert on your side who knows the system, the law, and the local courts in Orange, Seminole, and Osceola counties is your best defense.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.