Legal Question in Criminal Law in Florida

Re: Mandatory sentencing

Generally speaking, there is no minimum/mandatory sentence on a regular felony Burglary. However, if the State of Florida alleges that a firearm was carried or used or discharged during the course of the Burglary, then the minimum/mandatory penalties under Florida's 10/20/LIFE law would come into play. Under 10/20/LIFE, if you possessed a firearm during the commission of a burglary (or stole a firearm), you could be subject to a 10 year min/man.

Please contact my office if you have any specific questions relating to this case.

My best,

Aaron J. Slavin, Esq.

Re: Mandatory sentencing

Generally no, but it depends. Florida uses a scoresheet for sentencing on felony cases. If the point total is 44 or more then an equation is used (points - 28 x .75 = minimum number of months a person should be sentenced to prison).

The currents offenses and prior offenses are used to determine the number of points. If you have no prior history the only single burglary charge that can cause a "manditory" sentence is burglary of a dwelling. This charge lists for 56 points.

Of course, the charge can be reduced, or the prosecutor or Judge can agree to not follow the scoresheet. But, if the charge is not reduced and the prosecutor won't come off the scoresheet there are only a limited number of ways a Judge can sentence you to something other than the scoresheet.

If you have a different type of burglary and your scoresheet does not hit 44 points then there is no manditory anything.

-Kendall L. Horween, P.A.