Felony Defense

Pace Felony Defense Lawyer

Felony charges are the most serious criminal charges you can face in Florida. Whether you have been arrested for a controlled substance, aggravated battery, robbery, a weapons offense, or another felony, a felony conviction can have long term consequences resulting in a permanent criminal record making it difficult to obtain employment, qualify for professional licenses, secure housing, own or possess firearms, and may affect other civil rights under Florida law.

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Felony Degrees and Penalties in Florida

Florida classifies felonies into five main degrees based on severity

Unlike misdemeanor charges, felony charges carry significant legal and personal consequences. Depending on the charge, you may face years—or even life—in prison, lengthy probation, substantial fines, mandatory minimum sentences, and a permanent criminal record.

Florida classifies felonies into five main degrees based on severity, ranging from third-degree to capital offenses.

Third-Degree Felony (lowest)

A third-degree felony is the least serious felony level in Florida, but it still carries major penalties.

Maximum prison sentence: Up to 5 years
Maximum fine: Up to $5,000

Common charges include:

  • Aggravated stalking
  • Vehicle theft
  • Third DUI within 10 years
  • Possession of a controlled substance

Even though a third-degree felony is the lowest felony classification, a conviction can still result in a permanent criminal record, probation, driver’s license consequences, and serious problems with employment and housing. In many cases, a Pace felony defense lawyer may be able to challenge the evidence, negotiate for reduced charges, or seek an alternative resolution.

Second-Degree Felony

A second-degree felony is more serious and can lead to much harsher punishment.

Maximum prison sentence: Up to 15 years
Maximum fine: Up to $10,000

Common charges include:

  • Aggravated battery
  • Robbery
  • DUI manslaughter
  • Burglary of dwelling

Some second-degree felonies may also carry mandatory minimum prison sentences, depending on the facts of the case and the specific statute involved. These cases often require a detailed review of the evidence, witness statements, police reports, and any constitutional issues that may affect the state’s case.

First-Degree Felony

A first-degree felony is one of the most serious felony levels short of life or capital offenses.

Maximum prison sentence: Up to 30 years
Maximum fine: Up to $10,000

Common charges include:

  • Home invasion robbery
  • Aggravated battery on a law enforcement officer
  • Drug trafficking offenses

Some first-degree felonies may also include mandatory minimum sentences, which can significantly increase the amount of prison time a person faces if convicted. Because the stakes are so high, anyone charged with a first-degree felony should seek immediate help from a criminal defense attorney.

Life Felony

A life felony is one of the most serious criminal offenses under Florida law, ranking just below a capital felony.

Maximum prison sentence: Life imprisonment.
Maximum fine: Up to $15,000.

Common charges include:

  • Robbery with firearm or other deadly weapon
  • Human trafficking
  • Murder

Many life felonies are also subject to mandatory minimum prison sentences, firearm enhancements, or other statutory sentencing provisions.

Capital Felony

A capital felony is the most serious criminal classification in Florida. These cases involve the most severe offenses under Florida law.

Possible sentence: Death or life imprisonment without the possibility of parole
Maximum fine: Up to $15,000

Common charges include:

  • First-degree murder
  • Capital sexual battery
  • Other offenses classified as capital felonies under Florida law

Special Rules for Capital Cases

Because capital cases are so serious, Florida has special rules governing the lawyers who handle them. Under Florida Rules of Criminal Procedure 3.112, lawyers appointed in capital cases must meet minimum standards designed to ensure they have the training, experience, and qualifications needed to defend a death penalty case. In general, capital cases require highly experienced counsel, and courts typically appoint more than one attorney to the defense team.

These minimum standards are intended to protect the rights of people facing the death penalty by making sure their lawyers have substantial criminal trial experience and the ability to handle the unique demands of capital litigation. If you are facing a capital felony charge, you should contact a defense attorney immediately.

Building the Right Defense to Your Felony Charge

The best defense depends on the facts of your case, the strength of the state’s evidence, whether law enforcement complied with constitutional requirements, and your prior criminal history. In some cases, evidence may have been obtained unlawfully, witnesses may lack credibility, or the state may be unable to prove every element of the offense beyond a reasonable doubt.

Camryn Pape understands that being charged with a felony can be overwhelming and frightening. Whether negotiating with the state for reduced charges or aggressively defending your case at trial, Camryn Pape is committed to protecting your rights, your freedom, and your future.

What is a Criminal Score Sheet?

If you have been charged with a felony in Florida, one of the most important parts of the sentencing process is the Criminal Punishment Code Scoresheet. Required by Florida Rule of Criminal Procedure 3.992(a), the scoresheet is used in felony cases to calculate a defendant’s sentencing points and determine the lowest permissible sentence under Florida’s Criminal Punishment Code.

For many people, a felony charge is confusing and overwhelming because the sentence is not always as simple as the charge itself. A statute may list a maximum penalty, but the actual sentence often depends on how the case is scored. A properly prepared scoresheet can make the difference between probation, county jail, community control, a split sentence, or a lengthy state prison term.

Because the scoresheet plays such a major role in felony sentencing, it is critical that every point is reviewed carefully before a plea is entered or a sentence is imposed.

How Does the Criminal Scoresheet Work?

The Criminal Punishment Code assigns points to the offense being sentenced and to other factors that may increase the seriousness of the case. Those points are added together to determine the defendant’s total sentencing score. The higher the score, the greater the likelihood of a prison sentence and the longer the minimum sentence may become.

The scoresheet may include points for:

Offense Points

  • Primary offense
  • Additional offenses
  • Victim injury

History and Status

  • Prior criminal convictions
  • Legal status at the time of the offense, such as probation, community control, or post-release supervision
  • Community sanction violations

Enhancements

  • Firearm possession or firearm-related enhancements

In many cases, the scoresheet also reflects whether the offense involved violence, whether the defendant has a significant criminal history, and whether any mandatory sentencing provisions apply. These details can have a major impact on the final result, including whether the court can impose probation, community control, jail, or prison.

Why Does the Criminal Scoresheet Matter?

The Criminal Punishment Code Scoresheet is not just a formality. It often determines the real sentencing range in a felony case and can strongly influence whether the court has discretion to impose a non-prison sentence or must consider prison.

22 Points or Fewer

The judge cannot sentence the defendant to prison unless a non-prison sentence endangers the community. In many cases, the court may consider probation, community control, county jail, fines, restitution, treatment, or other non-prison sanctions depending on the charge and the facts.

22 to 44 Points

Prison is an option for the judge, but it is not mandatory. The judge may still impose probation, jail, a split sentence, or another lawful non-prison sentence if the circumstances support it.

Over 44 Points

The defendant has “scored prison,” and the judge must impose at least the minimum calculated prison term (or sentence within the permissible guidelines) unless a valid downward departure is granted.

What is a Downward Departure?

Even if a defendant scores mandatory prison under the Florida Criminal Punishment Code Scoresheet, the court may, in limited circumstances, impose a sentence below the lowest permissible sentence. This is known as a downward departure sentence.

A downward departure is not automatic. Before a judge may sentence below the Criminal Punishment Code, the defense must establish a valid legal basis under section 921.0026, Florida Statutes, and argue that a lesser sentence is appropriate based on the facts of the case. If no legal basis exists, the judge generally must impose at least the lowest permissible sentence calculated on the scoresheet.

Florida law recognizes several mitigating circumstances that may justify a downward departure, including:

  • The departure results from a legitimate, uncoerced plea bargain.
  • The defendant was an accomplice to the offense and was a relatively minor participant in the criminal conduct.
  • The capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of law was substantially impaired.
  • The defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction or for a physical disability, and the defendant is amenable to treatment.
  • The need for payment of restitution to the victim outweighs the need for a prison sentence.
  • The victim was an initiator, willing participant, aggressor, or provoker of the incident.
  • The defendant acted under extreme duress or under the domination of another person.
  • Before the identity of the defendant was determined, the victim was substantially compensated.
  • The defendant cooperated with the state to resolve the current offense or any other offense.
  • The offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.
  • At the time of the offense the defendant was too young to appreciate the consequences of the offense.
  • The defendant is to be sentenced as a youthful offender.

Obtaining a downward departure requires more than simply asking the court for leniency. The defense must present evidence supporting the legal basis for departure, and the judge must determine both that a valid ground exists and that a reduced sentence is appropriate under the circumstances.

Free Consultations

Contact a Pace Felony Defense Lawyer Today

If you or a loved one were arrested for a felony in Pace, Florida or in Northwest Florida, you do not have to face the criminal justice system alone. The decisions you make in the days following an arrest can have a significant impact on the outcome of your case, making it essential to seek a defense lawyer as soon as possible.

Contact Pape Law today or complete our online contact form to schedule a free consultation with a Pace felony defense lawyer. Consultations are available by appointment only.

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