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What is the maximum sentence for Attempted Burglary of a dwelling-second degree felony?

Orlando, FL |

This is his first arrest and the dwelling was not occupied

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Attorney answers 2


Attempted Burglary of a Dwelling is a third degree felony, punishable by up to 5 years prison, a violation of Florida Statute 810.02(3)(B). For those keeping track of points, it's a Level 6 offense carrying 36 points.

Take Care,


Mr. Guidry is correct but I would like to add my 2 cents.

The base charge of burglary to a dwelling is a 2nd degree felony. Making it an "attempt" drops it down one felony level to a 3rd degree. It doesn't matter that the dwelling was not occupied.

As far as the score, mitigation and one of the reasons provided in 921.0026 Florida Statutes may result in less, or even no, prison time. Get an attorney to evaluate the likelihood of the State being able to prove the requisite intent of this crime and to mount an effective campaign to get less than the guidelines if that becomes the settlement route.

Good luck!