Skip to main content

How many points do two 3rd degree felonies that are completely different charges get?

Gainesville, FL |
Filed under: Criminal charges

First 3rd degree felony was in 2008 for resisting arrest with violence I received probation for that charge & now in 2013 I am being charged with aggravated stalking if I were to be found guilty of that charge how many point would that consist of & would I be looking at prison time?

Attorney Answers 2


Agg stalking is a level 6 offense. If that is your only charge and there are no enhancements then its scores out at 36 points. Resisting with is a level 5 offense and scores out at 5 points, for a total of 41, which is > 44 and which leaves you in non-state prison range.

Note that you are right on the cusp so if you have any enhancements then you could easily bump up and over the "safe zone".

Good luck.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

Mark as helpful

3 lawyers agree


I believe that the point total would be 39.6. Unless the court chose to depart upward from the guidelines that score would indicate a non-state prison sanction such as County jail, community control or probation.

Disclaimer: Answers to questions posted on are for informational purposes only and should not be relied upon since the information provided is very limited and it is not possible to properly evaluate the legal issues involved without having all the facts and thoroughly reviewing the applicable law. Neither do they constitute legal advice and do not establish an attorney-client relationship. You are not my client and I am not your attorney unless and until you and I sign an agreement of representation

Mark as helpful

2 lawyers agree

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics