Florida Sentencing Guidelines for Third Degree Felony Burglary
When a person is convicted of a crime, he is sentenced based on the degree of the crime, as well as other factors called sentencing guidelines. In Florida, burglary can be a first, second or third degree felony depending on the circumstances.
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Burglary
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Under Florida Statute 810.02(1), a person commits a burglary when he enters a "dwelling, structure or conveyance" uninvited, with the intention of committing another offense inside, such as theft. Third degree burglary, according to 810.02(4), occurs if the defendant entered without a dangerous weapon and no one was home when the crime was committed.
Penalty
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In Florida, the prison sentence for a third degree felony is up to five years in prison under 775.082(3)(b). A judge can also issue a fine instead of, or in addition to, the prison term. The applicable fine for third degree felony burglary, as set forth in 775.083(1)(c), is $5,000 (as of 2010).
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Sentencing
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The prison term and fine are maximum sentences. Judge set the actual punishment at their discretion after considering several factors. These sentencing guidelines include the severity of the crime, whether a weapon was used, if a victim sustained any injuries and whether the defendant has a criminal record.
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References
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