Hi, this is attorney Steven G Cobb answering your questions about Florida criminal law and today’s question is, what are the penalties for burglary in Florida?
Well, the answer is it depends. When it comes to felony cases, Florida utilizes a punishment code known as the Florida punishment code, a series of points are calculated in a bunch of different categories. Now, for example, burglary in someone’s home is known as a burglary of the dwelling, occupied or not, and it’s going to score at a minimum, 56 points on the Florida punishment code. Why is that important?
Florida’s point-based punishment code has a series of parameters. For example, anything above 44 points, when all the calculations are done, must be a state prison sentence. Anything below 44 points and above 22 that might be a prison sentence and anything below 22 points can still be up to a year in jail plus probation, so it depends upon the type a burglary, prior record, whether or not the person’s on supervision and then finally whether or not any rule 3.992B downward departure grounds apply.
Now, a lot of people don’t understand there are a lot of things that can affect sentencing even if somebody has a terrible case. One of those is that if the individual has a mental health disorder, a physical disability that can be downward departure ground. We have an entire series about how we solve the problem of crime one person at a time and burglary cases are often cases where we use that. So, when it comes to what are the penalties for burglary in Florida? It depends on whether, it’s a burglary to a structure, a conveyance, an occupied dwelling, whether or not somebody was injured inside, a firearm was used, its pretty broad question that I can’t just answer off the top of my head.
In the final analysis the answer is simply this: what is the penalty for burglary in the case of you or someone you love? That’s a very individual question that can only be answered after a series discovery exhibits may have been produced, investigations have been completed both by the government and also the defense. And after all the facts and circumstances have become known.