You’ve been convicted. The trial is over, the jury has spoken, and now you’re waiting. Waiting to find out if you go home tonight—or if you’re headed to prison for years. This is sentencing in St Lucie County FL.
And for most people facing criminal charges, it’s the most terrifying part of the entire process.
But what you might not be aware of is the fact that the system has built-in opportunities to fight for a lighter sentence. Certain mitigating factors can make all the difference between walking out of the courthouse and being transferred to a state prison facility.
Below, we’ll walk you through exactly how sentencing works in Florida, what factors affect your outcome, and what happens at the St. Lucie County Courthouse when it’s time for your sentencing hearing.
How Does Sentencing Work in Florida Criminal Courts?
Florida doesn’t leave sentencing entirely up to a judge’s personal opinion. Instead, the state uses a structured system called the Florida Criminal Punishment Code (CPC), which applies to all felony cases.
Here’s how it works: every felony offense in Florida is assigned a severity level, ranging from Level 1 (least serious) to Level 10 (most serious). Each level carries a specific number of points.
The court adds up all the points based on your charges, your criminal history, victim injury, and other factors. That total determines whether you’re eligible for probation, or whether you’re going to prison.
The magic number in Florida sentencing is 44 points.
If you score fewer than 44 points, the judge has the discretion to sentence you to probation, community control, or another non-prison sanction, but prison time is still possible.
If you score 44 points or more, Florida law presumes you’re going to prison, and the court must calculate your minimum sentence by starting with this formula:
- (Total Points – 28) × 0.75 = Minimum Prison Months
For example, if you score 60 points total, here’s how the math works:
- (60 – 28) × 0.75 = 24 months is the lowest permissible prison sentence
That means the judge must sentence you to at least 24 months in prison—unless your lawyer can successfully argue for what’s called a “downward departure,” which we’ll cover later.
What Factors Affect Sentencing in St. Lucie County?
Your sentencing score isn’t based on just one thing. Florida law requires the court to consider multiple factors, and each one can push your total points higher—or give your lawyer ammunition to fight for a lighter sentence:
- Primary offense severity. Every felony is ranked by severity level. A Level 1 offense (like petit theft with prior convictions) adds 4 points. A Level 10 offense (like first-degree murder) adds 116 points. The more serious your primary charge, the higher your starting point total.
- Additional offenses. If you’re facing multiple charges in the same case, each additional offense adds points to your total. Even lower-level felonies can add up quickly when there are several charges stacked against you.
- Victim injury. If someone was injured as a result of your offense, additional points are added based on the severity of the harm. Minor injuries add fewer points. Severe injuries or death can add substantial points, often pushing defendants over the 44-point threshold.
- Your criminal history. Prior convictions—even old ones—significantly increase your score. The more serious your past offenses, the more points you receive. Repeat offenders almost always face harsher sentences as a result.
- Legal status violations. Were you on probation when you were arrested? On parole? Out on bond for another case? Each of these adds points, making a non-prison sentence much less likely.
- Enhancements. Certain factors trigger additional points or multipliers. Using a firearm during the offense, committing the crime in a school zone, or gang-related activity can all increase your score. Some drug trafficking offenses are subject to multipliers that can double your points.
- Mitigating vs. aggravating factors. Mitigating factors work in your favor—things like showing genuine remorse, being a first-time offender, or playing a minor role in the crime. Aggravating factors work against you—like prior violence, targeting vulnerable victims, or committing the crime in front of children.
Felony vs. Misdemeanor Sentencing in St. Lucie County
Not all criminal offenses are sentenced the same way. In Florida, there’s a major difference between how felonies and misdemeanors are handled.
Misdemeanors are less serious crimes, and they don’t use the scoresheet system at all. Instead, judges sentence misdemeanors based on statutory maximums:
- Second-degree misdemeanor – Up to 60 days in county jail
- First-degree misdemeanor – Up to 1 year in county jail
Misdemeanor sentences can also include fines, probation, community service, and other conditions—but they don’t involve the same complex point calculations that felonies do.
Felonies, on the other hand, use the Criminal Punishment Code scoresheet to determine whether prison is required. Here are the statutory maximum sentences for felonies in Florida:
- Third-degree felony – Up to 5 years in prison
- Second-degree felony – Up to 15 years in prison
- First-degree felony – Up to 30 years in prison (or life for certain offenses)
- Life felony – Up to life in prison
- Capital felony – Life in prison without parole or the death penalty
Now, even though these are the statutory maximums, the scoresheet determines the minimum sentence you’ll actually face. A third-degree felony might carry a maximum of 5 years, but if you score high enough on the scoresheet, you could be looking at a mandatory minimum of 3 or 4 years.
There are also mandatory minimum sentences for certain crimes, regardless of your scoresheet total.
DUI with serious bodily injury, possession of a firearm by a convicted felon, and certain drug trafficking offenses all carry mandatory minimums that override the scoresheet calculation.
What Happens at a Sentencing Hearing in St. Lucie County?
Sentencing doesn’t always happen immediately after a conviction. In many cases, the judge will schedule a separate sentencing hearing a few weeks later. This gives both sides time to prepare arguments and gather evidence.
Here’s what typically happens at a sentencing hearing at the St. Lucie County Courthouse in Fort Pierce:
- Pre-sentence investigation (PSI) report. In some cases—especially serious felonies—the judge may order a PSI report. A probation officer interviews you, reviews your background, and compiles a report that includes your criminal history, employment status, family situation, and other relevant details. The judge uses this report to help determine an appropriate sentence.
- Victim impact statements. If there was a victim in your case, they have the right to speak at your sentencing hearing. They can describe how the crime affected them emotionally, physically, and financially. These statements can be powerful, and they often influence the judge’s decision.
- Prosecutor’s recommendation. The prosecutor will argue for the sentence they believe is appropriate—often the maximum allowed under the guidelines. They’ll emphasize aggravating factors and the harm caused by your actions.
- Defense attorney’s mitigation arguments. This is where your lawyer fights for you. They’ll present mitigating factors, character letters from family and employers, evidence of rehabilitation efforts, and arguments for why a lighter sentence is justified. If your lawyer is filing a motion for downward departure, they’ll argue those grounds here.
- Your right to speak. You have the right to address the court before the judge imposes your sentence. This is called allocution. You can express remorse, explain your actions, or ask the judge for mercy. What you say—and how you say it—can make a difference.
- Judge’s decision. After hearing from both sides, the judge will pronounce your sentence. If you’re sentenced to prison, you’ll typically be taken into custody immediately. If you’re sentenced to probation or community control, the judge will outline the specific conditions you must follow.
Sentencing hearings can last anywhere from 15 minutes to several hours, depending on the complexity of the case and the number of witnesses who speak.
Can You Avoid Prison? Downward Departures and Mitigating Factors
If your scoresheet total is 44 points or higher, you’re almost definitely facing mandatory prison time under Florida law. But that doesn’t mean prison is inevitable.
Florida law allows judges to impose a sentence below the scoresheet minimum if there are valid legal reasons to do so. This is called a downward departure, and it’s governed by Florida Statute 921.0026.
To get a downward departure, your lawyer must file a written motion and prove that one or more statutory mitigating factors apply to your case. The judge has discretion to grant or deny the motion, but they must have a legal basis supported by evidence.
Here are some of the most common mitigating factors that can justify a downward departure:
- The departure results from a legitimate, uncoerced plea bargain. If you negotiate a deal with the prosecution that includes a reduced sentence, the judge may honor it.
- You were an accomplice with a relatively minor role. If someone else was the primary actor and you played a small part, your sentence may be reduced.
- You acted under duress or extreme pressure. If you were forced or coerced into committing the crime, that can justify a lighter sentence.
- The victim was an initiator, aggressor, or willing participant. If the alleged victim provoked the incident or participated willingly, that weakens the case for a harsh sentence.
- You cooperated with law enforcement. Providing substantial assistance to the state—like testifying against co-defendants—can result in a reduced sentence.
Here in St. Lucie County, the reality is that some judges are more open to downward departures than others. Some prosecutors fight them aggressively.
And without a St. Lucie County criminal defense lawyer who knows the local judges and knows how to present a compelling motion, your chances of avoiding prison drop significantly.
What Happens After Sentencing in St. Lucie County
So you’ve been sentenced. Now what? Do you go to jail immediately? In most cases, yes. If the judge sentences you to incarceration, you’ll be taken into custody right there in the courtroom. You’ll be transported to the St. Lucie County Jail (900 N. Rock Road, Fort Pierce) to begin serving your sentence.
But there’s an important distinction between jail and prison in Florida:
Jail is typically where you go for shorter stays—usually for misdemeanors, or in some cases, felonies with sentences that are relatively brief. Jails are county-run facilities, like the St. Lucie County Jail, and are used for holding people before trial or for serving local sentences.
Prison, on the other hand, is for longer felony sentences. If you’re sentenced to state prison, you’ll start at the county jail, then be transferred to a Florida Department of Corrections facility—usually within a few weeks, depending on processing and classification.
You do have the right to appeal your sentence if you believe there were legal errors during your trial or sentencing hearing. Appeals must be filed quickly—typically within 30 days of sentencing—so don’t wait if you’re considering this option.
In some cases, you may also file a motion to reduce your sentence. Your lawyer can file a motion for sentence reduction or early termination of probation if circumstances change or if you’ve demonstrated good behavior.
Take Control of Your Case Before It’s Too Late
Sentencing in St. Lucie County FL is one of the most critical stages of your criminal case. The decisions made at that hearing—by the judge, by the prosecutor, and by your lawyer—will determine whether you walk out of the courthouse or spend years behind bars.
This isn’t the time to hope for the best. This is the time to fight.
At Simko Law Group, we know the St. Lucie County Courthouse. We know the judges. We know which prosecutors are willing to negotiate and which ones dig in their heels.
And as a former prosecutor for the State of Florida, attorney Andrew Simko knows exactly how the state builds its case for harsh sentencing—and how to dismantle it.
We’re available 24/7 to answer your questions, and we offer free consultations so you can understand your options before making any decisions. Sentencing doesn’t have to be the end of your story. With the right legal team fighting for you, it can be the beginning of reclaiming your life.
Call Simko Law Group now at (561) 951-1264 for your free consultation. Our office is located at 133 S 2nd St #100, Fort Pierce, FL 34950—just steps from the St. Lucie County Courthouse.
Your future is on the line. Let’s fight for it together.