Florida Felony Sentencing Calculator

by Aaron Delgado
04/18/19 (Updated: 04/23/19)

What is the Florida Felony Sentencing Calculator?

The Florida Felony Sentencing Calculator is a Florida sentencing guidelines calculator, which allows you to find out the lowest permissible sentence for any felony offense in Florida, with the exception of capital felony charges.

Our Felony Sentencing Calculator is based on the Florida Criminal Punishment Code Scoresheet Preparation Manual, which is used in every criminal sentencing proceeding in the State of Florida.

The Florida Felony Sentencing Calculator was internally created, programmed, and perfected specifically for Delgado & Romanik, PLLC, by their research and development team.

Prison Sentencing Calculator Reductions

The reductions included in this prison sentencing calculator are not standard across all prison sentencing calculators. However, Firm Partner and Board Certified Criminal Trial Expert, Aaron Delgado, wanted to include reductions for time served and gain time as a factor on the Calculator due to the significant impact they can have on a felony sentence.

How to Use the Florida Felony Sentencing Calculator

Our Florida Felony Sentencing Calculator is broken into 4 sections:

  1. Primary Offense
  2. Victim Injury
  3. Enhancements
  4. Reductions

Start with the Primary Offense by selecting the felony offense level. If you do not know the offense level, you can use the “Search Offenses” box to type in the official offense you’re looking for. Once a specific offense is selected, it will automatically populate the felony level and degree information.

After entering the primary offense, you have the option to add any Additional Offenses received with the primary charge, as well as any prior offenses and prior capital felonies on the accused’s record. These factors are important as they may increase the lowest permissible sentence. For additional offenses, you have the option to add multiple counts of any specific offense type.

Once you’ve entered the offenses, you can move on to the Victim Injury section of the jail sentence calculator. Here you can add the total number of victims for the following injuries:

  • 2nd Degree Murder
  • Death
  • Severe Injury
  • Moderate Injury
  • Slight Injury
  • Sexual Penetration
  • Sexual Contact

Following injuries is Enhancements. Ensure you enter any and all enhancements that may be applied to the accused’s charge(s) for the most accurate end result. You will be able to add or exclude any of the following felony sentence enhancements:

  • Legal Status Violation
  • Firearm / Semi-Automatic Weapon
  • Machine Gun
  • Prior Serious Felony
  • Drug Trafficking
  • Street Gang
  • Domestic Violence

In addition, you can add multiple counts for different forms of Community Sanction Violation enhancements.

The final section is Reductions, where you can add any time served (in months) that will be credited toward the accused’s sentence. If gain time will be included as part of the sentence, you can select it in this section.

Provided every section has been filled out to the most accurate extent possible, you will see the minimum permissible sentence, or lowest permissible sentence, that may be given for the charges entered as well as the total sentencing points accrued.

What is Gain Time?

Gain time is outside the control of trial court, so even the most experienced criminal defense attorney cannot say for certain how much gain time, if any, a person will receive for a charge.

Gain time is granted through a procedure where the Department of Corrections provides an inmate with additional days of credit towards an earlier release date. By Florida Statute §944.275(4)(f), anyone sentenced to serve a jail or prison sentence must serve at least 85% of the sentence, even if they have accumulated additional gain time.

Common Questions About Jail Time

As criminal defense attorneys with over 85 years of combined legal experience, we have heard countless questions about jail time, prison time, and related felony sentencing matters. Over time, we’ve determined that the most common questions people have about potential jail time is how much time they, or a loved one, may be facing.

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Here are the top five questions about how much jail time a particular offense might receive, and answers from our criminal defense legal team:

1. How much jail time for a probation violation?

Since a Violation of Probation involves more than how you violated that probation, there are a number of factors that go into how much jail time someone might receive for a probation violation charge. If you, or a loved one, are facing a violation of probation charge, or concerned about such a charge in the future, read our article Understanding a Violation of Probation Charge. When in doubt, contact an experienced criminal defense lawyer.

2. How much jail time for selling drugs?

In order to determine how much time someone may face for selling drugs, we will have to know the type of drug, amount in weight, and any other pertinent factors to the arrest or drug charge. For example, if you know that death is a probable result of your trafficking, the offense becomes a capitol felony with significant fines and the possibility of the death penalty. If you know the specifics of a drug charge, use our jail time calculator to determine the minimum permissible sentence.

3. How much jail time for possession of a firearm?

As with many felony and misdemeanor charges, there are numerous factors that determine the jail time one may receive for possession of a firearm. For example, Federal law currently prohibits anyone who is “addicted to marijuana” is prohibited from possessing firearms or ammunition. If you, or someone you know, are facing a criminal charge related to possession of a firearm, contact a criminal defense attorney for legal representation of your case.

4. How much jail time for a parole violation?

Similar to a Violation of Probation, if you violate parole, you may be facing up to the statutory maximum penalty for the original offense with which you were charged. If this is you, or a loved one, seek the help of an experienced and reputable criminal trial lawyer in your area. The last thing you want to do is re-serve a prison sentence that was almost fully completed.

5. How much jail time for failure to appear in court?

According to Florida Statute §843.15(1)(a), if someone fails to appear in court for a felony charge, they can be charged with a third-degree felony for the failure to appear.

Other common questions about jail time we hear are:

  • How much jail time for grand theft?
  • How much jail time for assault with a deadly weapon?
  • How much jail time for drug trafficking?
  • How much jail time for a third DUI?
  • How much jail time for assault?
  • How much jail time for not paying child support?
  • How much jail time for a felony drug charge?
  • How much jail time for a DUI probation violation?

Board Certified Criminal Trial Lawyer

Firm Partner Aaron Delgado is a Board Certified Expert in Criminal Trial Law. That means Mr. Delgado has been recognized by the Florida Bar for his professionalism and ethics in practice, as well as his special knowledge, skills, and proficiency in criminal trial law. If you, or a loved one, are facing one or more felony charges, an expert criminal trial lawyer may be the difference between getting the charges against you dropped and being sentenced to jail time.

Board Certified Expert in Criminal Trial Law by the Florida Bar

Criminal Defense Attorney in Daytona Beach & Central Florida

If you, or a loved one, are struggling with the above issues or any other criminal charge, our team of criminal defense lawyers can help you get a better understanding of the lowest permissible sentence you may be facing. You need the assistance of an experienced criminal defense attorney to get the best possible result for your case, especially if you are facing a felony charge. Call us 24/7 at 386.222.6677 to speak with a lawyer and find out how we may be able to help you overcome this difficult time.

Disclaimer:

This Felony Sentencing Calculator can only provide an estimate of what a prison sentence might be in Florida based on the information entered and cannot be used as legal advice. Our Calculator is a way to estimate what an individual’s prison sentence might be based on the details of the charge(s) they face, and was created to demonstrate to clients the various factors that determine the points they score according to the Florida Criminal Punishment Code and the lowest permissible sentence those points equate to.

Like the Florida Criminal Punishment Code Scoresheet Preparation Manual, this calculator does not take into account any extenuating circumstances that may be present in an individual’s case, although it does account for time served and gain time reductions, which a standard prison sentencing calculator does not.

You must not use this calculator or any other jail sentence calculator as replacement for legal counsel or as a determining factor in any open or closed criminal case.

If you have been arrested for any type of criminal offense, our Felony Sentencing Calculator cannot definitively calculate how long of a jail or prison sentence you will or will not receive for the crime. However, one of our experienced criminal trial lawyers may be able to help with your case.

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