A Class and Sentence Guide for Florida Felony Crimes

In Florida, felonies are distinguished from misdemeanors based on the potential prison sentence that the individual who committed the felony could face. In Florida, crimes that result in up to a year’s county jail time are classified as misdemeanors. Whereas, felonies typically carry penalties that exceed a year and can go up to life in prison or result in the death penalty.

This article explains what constitutes a Florida felony and outlines the sentencing, penalties, and prison release options for felons in the state.

Classifications and Penalties of Felony in Florida

In Florida, a felony is classified as first, second, third-degree, capital, or life felony. Each of these classifications carries a maximum penalty. Florida law also enforces sentencing enhancements for violent and repeat offenders. In such instances, you need a criminal law defense lawyer to fight your case in court for a lighter sentence.

Here’s an overview of all Florida felony classifications:

Life Felonies

A life felony is punishable by life imprisonment and a fine of up to $15,000. Life felonies could include human trafficking of minors, kidnapping a child younger than 13, committing a sex offense, and committing sexual battery on a child younger than 12, resulting in serious injuries.

Capital Felonies

These felonies are punishable by life in prison without parole or the death penalty. The best example of a capital felony is first-degree murder.

First-Degree Felonies

These felonies in Florida are typically punishable by a fine of up to $10,000 and up to 30 years in prison. They could include carjacking, aggravated battery on a law enforcement officer, burglary with battery or assault, etc.

Second-Degree Felonies

Second-degree felonies can result in a fine of up to $10,000 and a prison term of up to 15 years. Examples of second-degree felonies include vehicular homicide, extortion, and possession of firearms by a felon.

Third-Degree Felonies

These felonies are the least serious type of felony in Florida. They are punishable by a fine of up to $5,000 and imprisonment for up to five years. Examples include armed trespassing, vehicular or firearm theft, and aggravated stalking.

Enhanced Felony Sentences

If a person in Florida has been previously convicted of two or more felonies and is convicted of another felony, they can face a lengthy or enhanced prison sentence under Florida’s repeat offender law. A judge might impose an extended prison term for habitual violent felony offenders. Violent career offenders and three-time violent felony offenders face mandatory minimums.

How Does Felony Sentencing Work in Florida?

Florida law requires a judge to use a sentencing score sheet to determine the factors for imposing a felony sentence. This score sheet calculates sentencing points based on the severity of the offense (rated 1 to 10), offense characteristics (including firearms and injuries), and the offender’s criminal history. A judge can use the total to guide their decision regarding the sentence term and disposition, i.e., prison and non-prison terms.

Example: Translating Sentencing Points to Prison Time

To see how sentencing points determine a prison sentence in Florida, consider this scenario: An individual is convicted of a second-degree felony and, after tallying up all relevant factors, ends up with 128 sentencing points on their scoresheet. According to Florida’s sentencing formula, the lowest possible prison term is calculated by subtracting 28 from the total sentencing points, then multiplying the result by 0.75.

Here’s how it works for this example:

• 128 sentencing points – 28 = 100
• 100 × 0.75 = 75 months
  
  

So, the minimum sentence the court could impose is 75 months in prison. However, for a second-degree felony, the maximum allowed sentence is 15 years (or 180 months). This means the judge has discretion to hand down a prison term anywhere from 75 to 180 months, based on the unique circumstances of the case.

Non-Prison Sanctions

Typically, a judge might impose non-prison sanctions if an offender’s sentencing points are less than 44. Non-prison sanctions include community work, probation, split sentences, or prison diversion.

Prison Sentence

If an offender’s sentencing points are 44 or more, the law dictates a prison sentence. The judge inputs the sentencing points into a formula to determine the appropriate prison sentence for the offender.

This formula reflects the lowest possible prison sentence for the offender. The judge can use their power to sentence the offender anywhere between the lowest possible sentence and the maximum sentence sanctioned for the crime. A Florida Felony lawyer can represent you in court to help you get a lighter sentence.

Alternatives for Felony Sentencing in Florida

Florida felony law authorizes several sentencing alternatives, such as:

• Split sentence with probation
• Prison diversion
• Community control with intensive supervision
• Probation with or without adjudication of guilt
• Treatment programs or problem-solving courts
  
  

Split Sentences

When a judge orders a split sentence, the offender typically serves an incarceration period and is then placed on community control or probation.

Prison Diversion

A judge might require the offender to participate in a prison diversion program in addition to serving probation or community control. The Department of Corrections runs these programs. They can cater to substance abuse treatment, including residential and non-residential programming, as well as vocational and academic opportunities. These programs are offered to individuals convicted of third-degree felonies whose sentencing points place them within a few points of the probable prison range.

Community Control

A judge might order a rigid and structured form of supervision for offenders not suitable for probation. It aims to rebuke them while keeping them out of prison. Community control involves house arrest with intensive supervision and surveillance, as well as limited freedom. Typically, offenders must abide by conditions similar to probation and other sanctions, such as curfews, treatment, revocation of driving privileges, and deprivation of nonessential activities.

Felony Probation

Probation enables the offender to serve all or part of their sentence in the community. A judge might order unsupervised or supervised probation. The probationer must comply with the conditions to remain in the community.

These conditions may include reporting to a probation officer, adhering to the law, completing community service hours, maintaining employment, paying restitution, abstaining from substance use, and other requirements. The law grants judges the discretion to award graduated incentives for compliance, including reduced service hours, permission to travel, early probation termination, and other benefits. However, a violation of probation terms can result in stricter conditions and more severe prison sentences.

Problem-Solving Courts

The state law enables courts to develop several problem-solving courts, including veteran, drug, and mental health courts. A judge can order participation as a condition of community control or probation for third-degree nonviolent felons. The participant must agree to regular court appearances and intensive supervision by professionals, including the judge, case managers, prosecutors, defense attorneys, and specialists.

Pretrial Intervention

First-time offenders with third-degree felonies may be eligible for pretrial intervention, if offered by the district. These interventions provide first-time offenders with the opportunity to avoid a conviction. The defendant must agree to follow the program’s requirements, which include receiving treatment, counseling, education, or supervision services. At the end of the intervention, the state attorney can recommend additional supervision, dismissal of charges, or prosecution.

Prison Sentences in Florida

In Florida, offenders sent to prison typically serve 85% or more of their sentence, as pronounced by the judge. Up to 15% of that sentence can be reduced by earning gain-time or incentive.

• Gain-Time: Eligible inmates earn meritorious gain-time by behaving appropriately, working, earning a degree, training, or using their time constructively. Meritorious gain-time is awarded to inmates who perform outstanding service or deeds.
• Conditional Release: Sexual, violent, career, or habitual offenders must serve a post-prison conditional release period when released before their sentence’s expiration. Conditional release inmates face strict supervision. Violating the terms of their release will result in them returning to prison.
  
  

Florida’s Criminal Statutes of Limitations

Florida felony law also includes statutes of limitations for filing criminal charges. The statutes of limitations run when the defendant commits a crime. Serious crimes have longer statutes. In Florida, life felonies, capital felonies, and felonies that result in death have no statutes. Meanwhile, first-degree felonies have a four-year statute of limitations, and other felonies have a statute of limitations of three years. If a prosecutor files charges after the statute of limitations has expired, the defendant can seek the dismissal of those charges.

Can Felony Convictions Be Sealed or Expunged in Florida?

For most individuals convicted of a felony in Florida, sealing or expunging the conviction isn’t an option. State law allows for the sealing or expungement of felony charges, rather than convictions, in only minimal circumstances, such as when charges are dismissed or dropped before trial. If you have been found guilty or pleaded guilty (even if adjudication is withheld), most felonies remain on your record for life.

Because a felony conviction results in a permanent mark on your record, it can have far-reaching impacts on employment, education, housing, volunteering, and even civil rights, such as owning firearms or running for public office. For these reasons, addressing felony charges as early as possible is crucial, as opportunities to remove them after conviction are extremely rare.

Seek Legal Help

A felony conviction can result in imprisonment and a criminal record that will have long-lasting consequences, such as difficulties obtaining employment, attending school, running for office, or volunteering. If you are charged with a felony in Florida, consider seeking criminal defense from Legal Eagles.