Just asking for a friend in South Florida.


This is not a good question for two reasons:

  1. Criminal sentencing guidelines vary by jurisdiction and can be readily found by searching for sentencing guidelines and the jurisdiction in question.
  2. Sentencing "typically" depends on factors beyond the crime committed. These commonly include:
    • whether the offender is a "first-time" or repeat offender
    • whether the offender was an accessory (helping the main offender) or the main offender
    • whether the offender committed the crime under great personal stress or duress
    • whether anyone was hurt, and whether the crime was committed in a manner that was unlikely to result in anyone being hurt
    • whether the offender was particularly cruel to a victim, or particularly destructive, etc.
    • whether the offender is genuinely contrite or remorseful
  • 5
    3) the friend is potentially facing a serious criminal charge, and should be consulting with actual lawyers rather than random people online
    – cpast
    Jul 5 '15 at 18:34

According to the Florida Statutes, section 810.02, this is probably a felony in the second degree, although there are circumstances you have not covered (using a vehicle to make entry, or causing sufficient damage, or assaulting an occupant of the structure, or during a state of emergency) that could make it a felony in the first degree. The relevant sentence is covered by either section 775.082 or section 775.084.

According to section 775.082, a felony in the first degree carries a sentence of up to 30 years in prison unless otherwise provided by statute; section 810.02 provides otherwise and first-degree burglary carries a sentence of up to life imprisonment. A felony in the second degree carries a sentence of up to 15 years in prison.

If this is the third felony the offender is convicted of, section 75.084 (habitual felony offenders) applies and the potential sentence is life imprisonment for first-degree felony burglary, or up to 30 years for second-degree.

  • Good references, but not necessarily responsive to the OP: there can be quite a disconnect between typical sentences and the maximum allowed sentence.
    – feetwet
    Jul 5 '15 at 21:15

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