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Does a Prior Conviction Mean I’ll Go to Prison if I’m Arrested Again?
Partially because it wants to be seen as “tough on crime” by the rest of America, Florida has instituted strict sentencing guidelines for convicted criminals. Florida uses a “point system,” assigning values to particular crimes based on their severity, harm done to victims, and other factors. These total points are then used to determine a sentence.
In many cases, the points and resultant punishment may seem harsher than the crime. Other times, the legal system may not take into account other factors such as mental illness. Some of the harshest sentences to come out of Florida’s point system are for repeat offenders.
An old saying goes, “The best predictor of future behavior is past behavior.” The Florida criminal justice system takes this to heart. Anyone who has been arrested after having been previously convicted of a crime faces harsher prison sentences and fines. Depending on the severity of the crime, a second or greater conviction could lead to being labeled a repeat offender or danger to society—labels that severely impact or inhibit your ability to find and maintain employment or a place to live.
If you’ve been arrested in Florida after a previous conviction, you must contact one of our firm’s experienced defense attorneys. One of our attorneys may be the only thing standing between you and an extended prison sentence.
How Does the Florida Point System Work?
Florida’s point system works like a computer program or video game. Judges use a “score sheet” provided by the state to determine a defendant’s “point value.” These score sheets use a variety of complex mathematical formulas and sub-categories. Florida criminal punishment score sheets are often tricky to understand, and defendants may find it challenging to comprehend how their score has been calculated.
Using the formulas on the score sheet, judges will assign points based on a variety of determinations. Factors considered when compiling a score include, but are not necessarily limited to:
- Primary Offense
- Secondary Offenses
- Victim Injury
- Prior Criminal History
- Enhancements
Florida has assigned point values to different crimes. Following a conviction, the judge will assign points based on your primary offense, plus further points for additional crimes related to the primary offense.
Next, points are added for victim injury. Just as they have with crimes, Florida has assigned point values to any injuries sustained by victims of a crime. “Injury” here can mean physical harm, death, sexual abuse, and more.
Florida judges then tabulate your points based on prior convictions. Even convictions outside of Florida can be considered. If you were previously convicted outside of Florida, the judge will review your case and determine how many points you would have been assigned had you been convicted in-state.
Lastly, judges apply any relevant sentencing enhancements. Not everyone convicted is subject to a sentencing enhancement. Enhancements are applied when a crime is considered especially serious. Sentencing enhancements include:
- Domestic Abuse in Front of a Minor Child
- Drug Trafficking
- Harming a Law Enforcement Officer
- Grand Theft Auto
- Organized Crime/Gang Activity
An enhancement is not worth any points itself; rather, the enhancement multiples the point total from the previous four categories. Depending on the enhancement, your point value may be multiplied by 1.5, 2, or 2.5.
How Are Sentences Determined Using the Point System?
Once you have been assigned a point total, the judge will determine a sentence. Sentences are based on your points, plus additional factors are taken into consideration. For example, someone who gets a score of 22 or fewer points will generally not go to jail, unless the judge determines at sentencing that setting the defendant free would present a danger to society.
If someone scores 44 points or higher, they are considered to have “won” a trip to prison. The minimum length of the sentence is determined by the judge using further calculations from the score sheet. The higher the score, the longer you will be sentenced to prison.
How Do My Prior Convictions Impact My Points?
Because prior convictions are taken into account, having been sentenced in the past can make any future sentences much harsher. Additionally, Florida has a variety of criminal “statuses” it assigns to convicted felons. These statuses are also taken into account at sentencing.
Anyone convicted of two or more felonies is labeled a “habitual offender.” Habitual offenders may be subject to mandatory prison sentences regardless of the crime they were convicted of, even if it was non-violent.
Anyone convicted of one or more violent felonies may be labeled a “violent offender.” Being a violent offender allows the court to impose harsher sentences than would be normal for a given crime.
“Violent career criminal” is an especially harsh label. This is assigned to anyone who has been previously convicted three or more times of a violent felony and has been sentenced to federal or state prison. Crimes that qualify someone for violent career criminal status include stalking, sex crimes, gun crimes, elder abuse, child abuse, and prison escape. As with violent offenders, being labeled a violent career criminal means a judge can impose harsher sentences than under other circumstances.
These are only a few of the potential labels a repeat offender may acquire. Depending on what crimes you may have been convicted of in the past and what labels the State of Florida may have applied to you, even a seemingly minor crime could result in an extended prison sentence. It may even mean the rest of your life behind bars. That’s why it’s vital for anyone who has been arrested following a criminal conviction to contact one of the attorneys from our team immediately.
What Should I Do if I’m Arrested After a Previous Conviction?
The Florida criminal justice system is considered one of the harshest in the United States. Florida likes it this way. To protect its reputation, Florida can and will impose harsh prison sentences on repeat offenders. Although the point system is meant to be fair, it can mean imposing lengthy sentences for minor crimes. It can also mean sending someone to prison for the rest of their life. If you’re arrested in Florida and have ever been convicted of a crime here or anywhere, it could mean a fight for your life. Don’t take chances. Contact one of the attorneys at The Defense Group today.
Our name says it all: we’re a group of attorneys and legal professionals dedicated to defending you. We understand that Florida wants to keep itself safe for law-abiding citizens. We also understand from firsthand courtroom experience that sentencing guidelines can be unduly harsh or even inappropriate to the crime. We don’t like to see good people crushed by the system. If you’ve been convicted of a crime in the past, we’ll fight to help get you the second chance you deserve instead of time away in a Florida prison.
Being convicted of a crime is a life-altering experience. It doesn’t have to happen to you again. If you or a loved one were arrested following a prior criminal conviction, call one of our dedicated legal team members today at 407-743-8430 for your free case evaluation.
