SENTENCING GENERALLY

This is a Quick Reference for a more detailed treatment review the Florida Statutes concerning sentencing.

Charges in Florida are divided between Felony and Misdemeanor. The maximum penalties for each level of felony is as follows:

1. A third degree felony carries a maximum of 5 years in prison.
2. A second degree felony carries a maximum of 15 years in prison.
3. A first degree felony carries a maximum of 30 years in prison. 
4. A first degree felony punishable by life carries up to a life sentence.
5. First Degree Murder is a capital felony and conviction carries either a life sentence without possibility of parole or the death penalty. 
6. Capital Sexual Battery is a capital felony but does not qualify for the Death Penalty.

With the exception of Capital Cases, the actual sentence received is based on Sentencing Guidelines.  Sentencing guidelines are based on the severity and number of prior convictions and the level and number of current charges.  The final score indicates a range of time to which a person should be sentenced.  An individual may qualify for any non-state prison sanction (probation, community control, county jail time.)

The Judge may sentence a Defendant within this range without any explanation.  He may also sentence above or below this range if he provides written reasons for his departure from the guidelines.

Minimum Mandatory Sentences require that an individual be sentenced to prison for a certain term regardless of the guidelines score.  Some examples are Drug Trafficking, Use of Firearms, 2nd or subsequent DUI (Jail)

Habitual Offender and Habitual Violent Offender Programs will also subject a Defendant to a tougher sentence.

Programs such are Pre-trial Intervention and Youthful Offender are exceptions to these rules.

Misdemeanor Cases are less serious offenses for which the maximum penalty is less than a year and a day in jail. The Sentencing Guidelines do not apply to Misdemeanor Cases although a Judge may consider some of the same factors in determining what sentence is appropriate. 

A first degree misdemeanor is punishable by up to a year in jail.

A second degree misdemeanor is punishable by up to 60 days in jail.

Criminal Traffic is separated in our record keeping, but is really still divided into first or second degree misdemeanors.

Infractions are traffic offenses which are punishable by fines or civil penalties.

DUI cases require certain mandatory sentencing but cannot exceed the maximum incarceration for the particular offense.

In addition to the possibility of incarceration, each offense carries court costs and fines and other miscellaneous requirements which cannot be thoroughly discussed here. This information is provided as an overview of the worst case scenario.  If you are accused of a crime you should seek counsel who will calculate what sentence you are likely to receive for the particular crime that you are charged with if you are convicted.