What type of sentence am I looking at for a felony?
So in the state of Florida, felonies are classified by what are called “degrees,” and the degree of felony tells us what is the maximum sentence that you could receive.
A 3rd degree felony is punishable by up to five years in prison. A 2nd degree felony is up to 15 years, and a 1st degree felony is 30 years to life. There are other cases that have certain aggravating factors that can make the case punishable by either the death penalty or mandatory life sentence without the possibility of parole.
Depending on what you’re charged with and depending on whether or not you have a prior criminal history, you could be facing anything from probation, pretrial diversion, potentially a prison sentence, but it’s also important to remember that you also have the right to go to trial in your case. So, just because your attorney gives you a plea offer, or tells you that this is what the state is seeking for your case, you have every right to say no to every plea offer that’s made and demand your day in court.
It’s your attorney’s job to present you with your options, to explain the pros and cons of each option, to maybe even give you a recommendation about what he or she thinks is in your best interest, but then to also remember that this is your case, it’s your future that’s on the line, so it’s going to be your decision about how to move forward with your case. Our job is to help you navigate this process and help you make better decisions.