What are sentencing guidelines?

Orlando, Florida criminal defense attorney David A. Faulkner represents clients with regard to a variety of criminal charges. In felony cases, there are certain sentencing guidelines that courts use to assist in determining the proper sentence for someone who has been convicted of or pled to a felony charge.

Florida's current sentencing guidelines assign certain points to primary offenses and two additional offenses. Points are also assessed with regard to an accused's prior criminal convictions (the accused's criminal record). There are also points assessed for such additional issues as victim injury, sexual contact and other similar aggravating factors.

If the aggregate points assessed exceed a certain level, then a minimum prison sentence may apply. Such a minimum prison sentence only sets a floor for purposes of sentencing, with the ceiling being the maximum possible penalty for the offense in question.

If an accused scores a minimum prison sentence, there may be certain reasons present for a downward departure from the minimum sentence. For example (there are many other possible reasons for downward departure provided by the sentencing guidelines), if the offense was an isolated incident, was committed in an unsophisticated manner and the accused has expressed remorse for the offense, then the court may be able to downward depart from the minimum prison sentence called for by the guidelines.

If you, a friend, a family member or other loved one is facing a felony charge, then contact Faulkner Legal Group, PA today for a FREE CONSULTATION to discuss what Florida's sentencing guidelines may call for in terms of sentencing for the particular offense in question.