Florida sets no across the board minimum sentence for a third degree felony. The maximum is five years in state prison under Fla. Stat. s. 775.082(3)(e), plus a fine of up to $5,000 under Fla. Stat. s. 775.083(1)(c). Below that ceiling the sentence is up to the judge.
What sets the floor in most cases is the Criminal Punishment Code scoresheet. Under Fla. Stat. s. 921.0024(2), if your total sentence points come to 44 or fewer, the lowest permissible sentence is any nonstate prison sanction, meaning probation or county jail rather than prison, unless the judge decides in their discretion that prison is appropriate. Above 44 points the scoresheet itself produces a minimum prison term, and that term is the least the court may impose absent a valid reason for departure. Prior record, being on probation at the time, and injury to a victim all add points.
Being Prosecuted For A Third-Degree Felony
The state has to prove every element of the charge beyond a reasonable doubt. You do not have to prove your innocence. What you do need is someone reading the discovery, testing the state's evidence, and preparing the case while the prosecutor builds theirs. Contact Weinstein Legal Team and ask to speak with Matt Shafran, a felony defense lawyer.
Mr. Shafran is a partner at Weinstein Legal Team and heads the firm's criminal defense division. He has years of experience in the Florida courts where these cases are tried. Call today and ask to speak with Mr. Shafran: (954)845-0505. Our phones are open 24 hours a day, each day of the year, including holidays.
What Is the Minimum Sentence for a 3rd Degree Felony in Florida?
Florida does not set a mandatory minimum for most third degree felonies, though a handful carry one written into the offense statute and the scoresheet can require prison on its own. The statutory ceiling is fixed:
- Up to five years in state prison, or up to five years of probation, under Fla. Stat. s. 775.082(3)(e)
- A fine of up to $5,000 under Fla. Stat. s. 775.083(1)(c)
Additionally, depending on the alleged crime, there may be other penalties as well. These potential penalties include things such as a mandate to pay restitution to the victim for either injury or property damage, a mandate to undergo counseling or substance abuse treatment, a revocation of your driver's license, forfeiture of firearms and weapons, loss of the right to vote until every term of the sentence has been completed, a restraining order between you and the victim, and more.
A felony conviction of any kind stays on your criminal record indefinitely, even after you have served the court-ordered sentence. This can have far-reaching impacts on your life for many years to come, and many individuals find these effects more challenging to deal with than the original sentence.
First, many employers have policies in place that prohibit them from hiring felons. Jobs such as those in education, healthcare, government, and law enforcement, and more may become impossible to obtain, as will those that involve working with vulnerable populations (children, the sick or disabled, and the elderly). This often severely limits employment prospects for convicted felons.
Additionally, many landlords and Homeowner Associations (HOAs) refuse to rent to or approve purchase and residency applications for convicted felons. This means that it can also become quite difficult to find a place to live, which can affect the rest of your family as well.
Those knock on effects are why the time to call a felony defense lawyer is before the first court date rather than after it. Evidence goes missing, witnesses move, and the state makes its early offers while the file is still fresh. If you are facing a third degree felony in Florida, contact Matt Shafran at Weinstein Legal Team.
What Crimes Result in a Third Degree Felony Charge?
There are many different crimes that can result in a third-degree felony in Florida. Additionally, certain misdemeanor charges may be upgraded to a third-degree felony offense under specific circumstances. For example, repeat DUI charges, repeat battery charges, and some crimes that take place during a state of emergency or on state property can all turn into third-degree felonies when they would otherwise remain as misdemeanors.
Common third-degree felonies in Florida include:
- Most drug crimes, including possession charges and cultivation of cannabis
- Grand theft
- Aggravated assault or felony battery
- Carrying a concealed firearm by someone who does not meet the criteria for a concealed carry license, under Fla. Stat. s. 790.01(3). Since chapter 2023-18 took effect, an unlicensed adult who does meet those criteria may carry concealed
- Resisting arrest with violence or battery on a law enforcement officer
- Leaving the scene of an accident resulting in injury
- DUI causing serious bodily injury under Fla. Stat. s. 316.193(3)(c)2., or a third DUI conviction within ten years of a prior conviction under Fla. Stat. s. 316.193(2)(b)1.
- Aggravated stalking
- Bribery
- Child abuse or neglect
- Fraud
- Burglary
- Driving with a suspended license, but only on a third or subsequent conviction where the suspension came from a DUI, a test refusal, fleeing or eluding, or a crash causing death or serious bodily injury, under Fla. Stat. s. 322.34(2)(c). A first offense is a second degree misdemeanor
- Exploitation of an elderly or disabled person
- And more
This list is not comprehensive, and there are many other crimes that can be charged as a third-degree felony in the state of Florida. If you do not see your alleged crime on this list and are facing a third-degree felony charge, contact Weinstein Legal Team today to discuss your unique case.
How Do You Fight Your Third-Degree Felony Charge?
The first and most important thing to do following an arrest for a third-degree felony in Florida is to seek legal representation. Find a criminal defense attorney who is local to the area, familiar with the court system, and well-established within the community. Additionally, seek out a law firm that has an experienced and comprehensive team of professionals at your disposal, such as private investigators and those who can provide expert testimony in court. If you're in Florida, criminal defense attorney Matt Shafran at Weinstein Legal Team is that lawyer.
What is on the table depends on the facts and on your record. Some cases turn on a motion to suppress, some on negotiation, some go to trial. Some defendants qualify for a pretrial intervention program under Fla. Stat. s. 948.08. Completing that program can lead the state to drop the charge, but it does not wipe the arrest by itself; clearing the record takes a separate expunction petition under Fla. Stat. s. 943.0585.
Get Your Free Case Evaluation Today
If you or a loved one are facing a third-degree felony in Florida, don't wait. Contact Weinstein Legal Team today and ask to speak with criminal defense attorney Matt Shafran. We will provide you with an entirely free and confidential case evaluation to review the unique facts surrounding your arrest.
While there is no minimum penalty or sentence for a third-degree felony in Florida, and sentencing is at the discretion of the judge, the consequences for a conviction can be quite severe. Contact Matt Shafran at Weinstein Legal Team to go through the charge, the discovery, and the defense options in your case.
Call (954)845-0505 any time, day or night, to receive a free and confidential legal consultation.
