What Is a Third-Degree Felony in Florida?

In Florida, a third-degree felony typically encompasses the least severe felonies. The state statutes define a third-degree felony as a felony offense without the designation of a degree. For instance, aggravated assault is a third-degree felony even though it doesn’t have the prefix “third-degree” attached to it.

Chapter 775 of the Florida Statutes classifies felonies into categories for the purpose of sentencing. These categories include:

• Capital felony
• Life felony
• Felony of the first degree.
• Felony of the second degree.
• Felony of the third degree.

Capital felonies attract the harshest penalties due to their severity and massive impact on lives. For instance, murder is a capital offense, and it may attract life imprisonment or the death penalty. In contrast, life felony crimes, like human trafficking of minors, may attract between 25 years in jail and life imprisonment.

Note: Persons with a prior felony conviction may receive the maximum sentence outlined for the felony class. Sentencing also becomes severe if the offender possessed or used a weapon during the act.

Common Offenses That Fall Under Third-Degree Felony Charges

Types of crimes classified as third-degree felonies in Florida include:

• Aggravated assault: A person is guilty of aggravated assault if the act occurred with a deadly weapon without the intent to kill. It’s also aggravated assault if the act occurred with the intent to commit a felony. Chapter 784.
• Burglary: It’s a burglary in the third degree if the offender attempts to or burgles a structure without committing assault or battery. Chapter 810.
• Child abuse: Florida statutes classify third-degree child abuse as that in which an offender abuses a child without causing severe injury to the child.
• Aggravated stalking: A person commits aggravated stalking if he or she maliciously stalks, cyberstalks, harasses, or makes a credible threat to another.
• Grand theft: A person commits grand theft of the third degree if the valued property is valued between $750 and $20,000. It is also a third-degree felony if the offender stole a will, firearm, or motor vehicle.

Penalties and Sentencing for Third-Degree Felonies in Florida

In Florida, persons convicted of a third-degree felony may receive up to a five-year jail term in a state penal facility. The state might also impose a maximum of $5,000 in fines for third-degree felony convictions.

Penalties for third-degree felonies may vary based on circumstances like the use of deadly weapons and prior convictions. For example, persons with a prior conviction will always receive the maximum sentence.

The state law, however, increases the penalty by one felony level if the offender used a deadly weapon during the act. For instance, burglaries committed with a deadly weapon will warrant the second-degree felony penalty.

Will You Go to Jail for a Third-Degree Felony in Florida?

Yes, third-degree felony crimes attract jail terms up to five years. However, there are instances when the court may impose probation in lieu of a prison sentence. The convicting court has the right to grant probation after considering the severity, along with the circumstances surrounding the incident. The probation may include conditions like drug and alcohol counseling and confinement in a primary residence.

How Long Does a Third-Degree Felony Stay on Your Record?

Florida’s third-degree felonies stay indefinitely on record. The public visibility of these records may have lasting consequences on a record subject’s life.

For instance, offenders may struggle to get employment in security-sensitive companies or institutions. Most employers conduct background checks on prospective employees and may screen out those who pose a security risk.

The discrimination also plays out when an offender tries to rent or purchase properties in specific neighborhoods or districts. Sex offenders may struggle to get accommodation in areas close to schools or playgrounds. However, third-degree felony convicts may get a reprieve in the form of expungement or sealing. The state laws allow offenders to expunge records, provided they meet the legal requirements.

Can a Third-Degree Felony Be Sealed or Expunged in Florida?

Yes, offenders can seal or expunge third-degree felony records under specific legal requirements. Note that sealing is not the same as expungement. A sealed record is still visible to specific government agencies, whereas expungement is the total destruction of a record.

Under Section 943.059 of the Florida Statutes, a person is eligible to seal records when:

• The person has never been convicted as an adult for a criminal offense.
• The person is no longer under court supervision for issues related to an arrest or alleged criminal activity.
• The person has not secured a prior sealing or expungement of a criminal record.

To expunge criminal records, eligible parties must first obtain a certificate of eligibility from the Florida Department of Law Enforcement. Next, the offender must submit the certificate along with other necessary documents to a court of competent jurisdiction.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

Florida statutes classify felonies into degrees based on crime severity and corresponding penalties. Third-degree felonies are generally the least severe of all felony classes. Crimes in this category are punishable by a maximum of five years imprisonment and up to $5,000 in fines.

Unlike third-degree felonies, first- and second-degree felonies are relatively more severe in terms of their impact on lives and properties. These crimes are often characterized by an intent or premeditation to cause death or to inflict bodily injury. The presence or use of a deadly weapon classifies most felonies as first- or second-degree.

That being said, first-degree crimes like arson and kidnapping may carry sentences of up to 30 years and up to $10,000 in fines. However, second-degree felonies, like vehicular homicide, may attract up to 15 years in jail and a maximum of $10,000 in fines.

How to Look Up Third-Degree Felony Records in Florida

Public members can look up and obtain copies of third-degree felony records from specific government entities in Florida. These entities operate at the state or local level and may offer online or offline access to records in their custody.

The Florida Court website hosts a searchable database of third-degree felony appeals in the state’s appellate courts. On the other hand, the state’s circuit court may offer online or offline access to records in its custody. Interested parties may either inquire for records in person or use the court’s searchable database.

Probation and Parole for Third-Degree Felony Offenders

Florida abolished parole for inmates who were incarcerated after October 1, 1983. For eligible inmates, the state’s Parole Board may consider them under these conditions:

• They have not waived their right to parole.
• They have fulfilled the minimum sentencing requirement under Section 947.16.
• They have participated in court-mandated programs.

Per Florida Statutes Section 948.04, persons found guilty of felonies may receive probation for up to 2 years. The probation may come with conditions, which must be completed before the court dismisses the case. For instance, probation conditions may include paying restitution fines and confinement in a primary residence.