Whats the min and max sentence?

Asked about 5 years ago - Orlando, FL

Burglary Of Structure
Resisting Officer Without Violence
Trespass On School Grounds Or Facility
Grand Theft 3rd Degree
Criminal Mischief
Armed Burglary Of Occupied Dwelling

Attorney answers (2)

  1. Geoffrey Robert Mason

    Contributor Level 11

    Answered . These are serious charges, and I would suggest that you consult a criminal defense lawyer in the county where the defendant is being charged. Orange county has a number of fantastic criminal defense lawyers.

    Short answer: the maximum sentence is life imprisonment. If a defendant is found not guilty, of course there is no punishment.

    In Florida, we have the 10-20-LIFE statute which brings up the question: Was the armed burglary of occupied dwelling or allegedly with a firearm? Also, did the defendant possess a firearm during the commission of the Burglary of Structure? If so, then the 10-20-LIFE law needs to be considered. If during the commission of a burglary, the defendant actually possessed a firearm, they shall be sentenced to a minimum term of imprisonment of 10 years, unless sentenced as a Youthful Offender.

    Let's take each charge one by one:

    Burglary of a Structure:
    Burglary of an Unoccupied Structure is a third degree felony; however Burglary of an Occupied Structure is a second degree felony. Burglary of an Occupied Structure can be a first degree felony punishible by up to life in prison if there was damage to the structure, or to property within the structure in excess of $1,000, or if the defendant had a dangerous weapon.

    Resisting Officer Without Violence
    A first degree misdemeanor.

    Tresspass on School Grounds or Facility
    A second degree misdemeanor, unless the defendant had a weapon, in which case it would be a third degree felony.

    Grand Theft 3rd Degree
    A third degree felony

    Criminal Mischief
    This depends on the amount of damage, what was damaged, the age of the person, whether or not they were doing grafitti - ranging from a 2nd degree misdemeanor to a 3rd degree felony. May also have consequences related to drivers licences. See: http://www.leg.state.fl.us/statutes/index.cfm?A...

    Armed Burglary of Occupied Dwelling
    As you've named them, this is the most serious charge. Burglary of an Occupied Dwelling while Armed with a Dangerous Weapon is a first degree felony punishible by up to life in prison.

    The maximums, not including fines, drivers license revocation, and only including incarceration:
    For each 2nd degree felony, the maximum sentence is 15 years in prison.
    For each 3rd degree felony, the maximum sentence is 5 years in prison.
    For each 1st degree misdemeanor, the maximum sentence is 364 days in jail.
    For each 2nd degree misdemeanor, the maximum sentence is 60 days in jail.

    The Armed Burglary of Occupied Dwelling is a 1st degree felony, punishible by up to life in prison -- the maximum sentence is life imprisonment.

    In Florida there are a number of factors that need to be explored deeply for the charges you describe. How old is the defendant? What kind of criminal history does the defendant already have? Has the defendant been released from prison within the last 3 years? Was there a person in the structure when the defendant allegedly entered? What was the nature of, and how much damage was caused by the alleged criminal mischief? Other mitigators and aggravators need to be considered.

    Again, I would strongly urge you to consult with a good criminal defense lawyer.

    Geoffrey R. Mason
    Schackow, Mercadante & Edwards
    Attorneys at Law
    http://www.lawfl.net

  2. Don Waggoner

    Contributor Level 17

    Answered . Mr. mason is spot on with his answer. If you need an attorney in the Orlando area, contact me at 407-846-8008.

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