what is the sentence?
what is the sentence for a 3rd degree felony?
5 years prison
15 years prison
2nd degree felony
true or false: judges have to follow sentencing guidelines, and they need a good reason to deviate from them, whether it is for a longer or shorter sentence. they can't just give you whatever sentence they want.
True
true or false: if the victim started the trouble, the defendant will get off easier.
True
Does the state of Florida currently offer parole?
No, Parole has been entirely eliminated in Florida since about 1995.
what is the sentence for a 2nd degree felony?
15 years prison
60 days (2 months) in jail
2nd degree misdemeanor
there are three periods of time that the judge looks at when taking your actions into consideration. what are they?
before the crime, during the crime, after the crime
true or false: if someone was hurt/killed during the crime, but it wasn't the defendant's fault, it still impacts the defendant's sentence.
If you accept a plea bargain, will you be sentenced?
Yes, A plea bargain still counts as a conviction, so you will receive a sentence of some sort.
what is the sentence for a 1st degree felony?
30 years prison
3rd degree felony
name 1 thing that could happen before a crime that may make a defendants sentence higher.
prior record, probation violation, escaped from jail/prison, gang member
true or false: if you have more than one charge, only the most serious charge, or primary offense, counts towards your sentence.
False, every charge you have impacts the sentence you will receive.
What is the one difference between the sentence for a life felony and a capital felony?
A capital felony can also include the death penalty, but the life felony does not. both have life in prison.
what is the sentence for a life felony?
life in prison (no parole in florida)
up to 1 year in jail
1st degree misdemeanor
name 2 things that could happen after a crime occurred that may make a sentence higher.
failure to appear, arrested for something else while free, violated rules set forth by the judge.
True or False: if someone other than the defendant was using/selling drugs during ta crime, then it won't affect the defendant's sentence.
False, if drugs were involved, even by someone else, it can still raise the defendant's sentence.
What are the two types of misdemeanors and what sentences do they carry?
1st degree and 2nd degree. 1st has a sentence of up to 1 year of jail; 2nd has a sentence of up to 2 months (60 days) jail.
what is the sentence for a capital felony?
life in prison or the death penalty
life in prison
life felony
name 3 things that could happen during a crime that could make a defendants sentence higher.
had a gun, had a weapon, crime involved drugs, someone was hurt/killed, sexual assault involved, child present.
True or False: If if you are charged with multiple counts of the same charge, your sentence will ALWAYS be served concurrently. so 3 F3s would only be 5 years, not 15.
False, if you have multiple counts, each can add to the sentence. the decision is up the judge on whether they are served concurrently or consecutively.
Name two possible punishments that don't carry prison time.
Probation, community service, community control, house arrest, work release, jail time, time served.