What is the MINIMUM sentence for Grand theft first degree over $100,000 & fraud swindle-obtain property over $50,000?

Asked about 4 years ago - Pensacola, FL

No priors.

Attorney answers (3)

  1. Timothy England Moffitt

    Pro

    Contributor Level 15

    Answered . Max is 30 years alone for the first degree felony. But your score can't be determined with the facts you've given. Restitution is always an issue in these cases.

  2. Joseph Cameron Bodiford

    Pro

    Contributor Level 8

    Answered . The MINIMUM sentence will be determined by the Florida Sentencing Guidelines (Fla. R. Crim. P. 3.992). It's a scoresheet that is completed, factoring in points for the main charge, additional pending charges being pled to, and priors convictions. Also factored in are points for probation violations, violations of pre-trial release (i.e. the crime was committed while on pre-trial release for a different pending case), etc. Loss is not factored in like it is in Federal court. In Federal court, the greater the loss, the greater the setence.

    One thing that can mitigate (lower) any minimum sentence is the need for repayment of restitution. This is tricky. The need to pay restitution is one thing, the re-payment of restitution before the sentence is another. That is, most of the time one can negotiate a non-prison sentence if they pay a chunk of restitution BEFORE sentencing, as a show of good faith.

    In short, there is no exact MINIMUM that can be calculated without going through the guideline calculations.

  3. Stephen Andrew Mosca

    Pro

    Contributor Level 17

    Answered . If this involved using the US Mail or any other telecommunications device in any way, beware the Feds coming on board.

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