Chad M. Seibel
Criminal Defense
407.846.8008
Sentencing in Florida: How the Number Is Decided
Most criminal cases end at sentencing, not trial, which makes it one of the most important stages of the case. Florida sentencing is technical, but the core idea is simple: the law sets a range, and the defense's job is to move the result to the best end of that range, or out of it entirely.
Misdemeanors vs. Felonies
• Misdemeanors have statutory maximums of 60 days (second degree) or one year (first degree) in county jail, but no scoresheet. The judge has broad discretion, and probation, classes, community service, or a fine are common outcomes.
• Felonies are sentenced under the Criminal Punishment Code. A Felony Scoresheet adds points for the charges, the prior record, and any victim injury to produce a lowest permissible sentence. The judge can sentence anywhere from that floor up to the statutory maximum, unless a specific law requires something different.
The Tools That Change the Outcome
• Withhold of Adjudication: the judge imposes a sentence without a formal conviction. It's available only in qualifying cases, and it can preserve rights and eligibility to seal the record.
• Downward departures: a sentence below the scoresheet minimum when the law's mitigating circumstances are proven.
• Pretrial Diversion: some cases never reach sentencing at all.
• Enhancements: Habitual Offender & PRR designations, firearm minimums, and certain mandatory sentences can raise the floor. Each has specific requirements the State must meet.
How We Prepare for Sentencing
Sentencing advocacy starts long before the hearing: checking the scoresheet for errors, gathering mitigation (employment, treatment, family responsibilities, character letters), and negotiating with the prosecutor. Chad Seibel prepared sentencing recommendations as a prosecutor, and he knows what moves them.
Told your scoresheet “requires prison”? That may not be the final word.
For the maximum penalties at each offense level, see the Florida Criminal Penalties Chart. Every case turns on its own charge and record, so call or text 407-846-8008 for a free, confidential review.
Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.