Florida’s Criminal Punishment Code
Florida utilizes the Criminal Punishment Code (CPC) scoring system to determine the minimum allowable sentence for all felony crimes. [1]
Under the CPC, every felony offense is assigned an Offense Level between 1 and 10, which then carries a point value. Generally the more serious the crime, the higher the offense level.
In addition to the assigned offense levels, the CPC also assess additional points when the underlying crimes involve victim injury, legal status violations, or firearm possession.
In simple terms, the point value for a person’s crimes are added together using the CPC Scoresheet Preparation Manual and if the total sentencing points equal 44 points or more, the person is facing a mandatory prison sentence (commonly referred to as scoring prison). If the number is less than 44 points, or qualifies under the Chronic Substance Abuser Exception, the person is eligible for probation or community control.
Chronic Substance Abuser Exception
Under Florida Statute 948.20, if a person convicted of a non-violent felony scores less than 60 points and is found to be a “chronic substance abuser,” a judge may sentence the person to drug offender probation in lieu of prison.
Preparing the CPC Scoresheet
To determine what a person scores, the crimes are designated as Primary Offense, Additional Offenses, and Prior Record at sentencing.
The Primary Offense is the crime with the highest offense level. If two crimes are the same offense level, only one will be designated as the Primary Offense and the other will be placed as an Additional Offense. Finally, all past criminal history is placed under Prior Record.
The offenses are then placed on the CPC scoresheet and the amount of points assigned is determined by the Offense Level of the Primary Offense, Additional Offenses, and Prior Record.
As can be expected, point value is higher when the offense appears as a Primary Offense than as an Additional Offense or Prior Record.
| Offense Level | Primary Offense Point Value |
Additional Offense Point Value |
Prior Record Point Value |
|---|---|---|---|
| Level 1 | 4 | 0.7 | 0.5 |
| Level 2 | 10 | 1.2 | 0.8 |
| Level 3 | 16 | 2.4 | 0.7 |
| Level 4 | 22 | 3.6 | 2.4 |
| Level 5 | 28 | 5.4 | 3.6 |
| Level 6 | 36 | 18 | 9 |
| Level 7 | 56 | 28 | 14 |
| Level 8 | 74 | 37 | 19 |
| Level 9 | 92 | 46 | 23 |
| Level 10 | 116 | 58 | 29 |
Additional Sentencing Factors
In addition to the Offense Level points, the CPC also assesses additional points when certain circumstances are present:
- Victim Injury
- Legal Status Violations
- Community Sanction Violations
- Firearm / Semi-Automatic Weapons
- Prior Serious Felonies
- Enhancement Multipliers
Many times a person’s ultimate score can be significantly increased because of these factors.
Calculating the Point Total
To determine a person’s point total - and whether they score prison - the Primary Offense, Additional Offenses, Prior Record and Additional Sentencing Factors are individually sub-totaled and then added together.
If the total number is less than 44 points, the calculation stops and the person is eligible for probation or community control.
If the total number is greater than 44 points, then a sentencing formula is applied to calculate the lowest permissible prison sentence by subtracting 28 from the total points and then multiplying that number by 0.75.
- (Total Points - 28) * .75 = Lowest Permissible Prison Sentence (In Months)
Contact Criminal Defense Lawyer Richard Hornsby
Contact Criminal Defense Lawyer Richard Hornsby if you have been charged with a Felony offense in Florida.
The initial consultation is free and I am always available to advise you on the proper course of action to take.