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Rick Scott, Governor
Florida Department of Corrections, Secretary Michael D. Crews

Florida Department of Corrections
Timothy H. Cannon, Interim Secretary

Sentencing Guidelines 1995-96 Annual Report

Appendices

Definition of "Violent Offender"
Sentencing Guidelines Offense Level Ranking Chart
1994 and 1995 Sentencing Guidelines Scoresheets

Definition of "Violent Offender"

There are hundreds of criminal offenses in Florida statutes. There are any number of ways one can define what a "violent" crime is and categorize all the crimes accordingly. No one way of determining what specific crimes should be considered violent is correct. The Florida Department of Corrections has developed the following definition of violent crimes to guide the way in which it categorizes crimes as violent or non-violent.

A crime is defined as violent if the crime involves actual or the threat of physical harm to a person or the crime has a reasonable probability of causing unintended physical harm or physical threat of harm to a person.

One of the following conditions must occur for a crime to be defined as violent under this definition:

  1. Actual physical harm.
  2. Actual threat of physical harm.
  3. A reasonable probability existed that individual criminal acts could have resulted in unintended physical harm.
  4. A reasonable probability existed that individual criminal acts could have resulted in the threat of physical harm.

Note: Crimes are defined as violent from the statutory reference only. Therefore, a judgment has to be made based on this sometimes limited information whether any of these four conditions existed in the actual crime. For example, if the crime is "shooting into a vehicle," it is not known if actual or the threat of physical harm occurred. However, in this case, we assume there is a reasonable probability that violence could have resulted. "Burglary of a dwelling" is not defined as violent under this definition because, while actual or the threat of physical harm could have occurred, it is assumed there is not a reasonable probability that it occurred.

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Sentencing Guidelines Offense Level Ranking Chart

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1994 and 1995 Sentencing Guidelines Scoresheets

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