A third-degree felony in Florida carries penalties of up to five years in state prison, a fine of up to $5,000, and up to two years of probation by default, plus mandatory restitution to any victim. That is the ceiling, not the expected outcome. Florida uses a points-based sentencing formula that can push a first-time offender toward probation on a low-level charge, or force a judge to impose years of prison time on someone with a prior record. Enhancements for repeat offenders can double the maximum, and a conviction brings collateral consequences — loss of voting rights, a firearm ban, and permanent effects on employment — that continue long after any sentence ends.
Where Third-Degree Felonies Sit in Florida Law
Florida sorts felonies into three main tiers. First degree is punishable by up to 30 years or life, second degree by up to 15 years, and third degree by up to five years.1Justia. Florida Code Title XLVI Chapter 775 Section 775-082 – Penalties; Applicability of Sentencing Structures; Mandatory Minimum Sentences for Certain Reoffenders Previously Released From Prison Third degree is the lowest felony tier, but “lowest” still means a felony conviction with everything that follows.
Charges That Fall Into This Category
Third-degree felonies span property, drug, and violent offenses. A few of the most commonly charged:
Grand theft (third degree) covers stolen property valued between $750 and $20,000. It also applies regardless of value when the item stolen is a firearm, motor vehicle, or controlled substance.2The Florida Legislature. Florida Statutes 812.014 – Theft Taking a $200 handgun is the same felony charge as taking $15,000 in merchandise.
Simple drug possession for substances like cocaine, methamphetamine, or fentanyl is a third-degree felony regardless of quantity. The rule applies to Schedule II through V controlled substances held without a valid prescription.3The Florida Legislature. Florida Statutes 893.13 – Prohibited Acts; Penalties
Burglary of an unoccupied structure or vehicle qualifies when the person entering doesn’t commit an assault, doesn’t carry a weapon, and no one else is inside.4Justia. Florida Code Title XLVI Chapter 810 Section 810-02 – Burglary Change any of those facts and the charge escalates.
Aggravated assault is a third-degree felony, defined as an assault with a deadly weapon (without intent to kill) or with intent to commit a felony.5The Florida Legislature. Florida Statutes 784.021 – Aggravated Assault
Felony battery applies to a second or subsequent battery when the defendant already has a prior battery conviction. The first offense is a misdemeanor.6The Florida Legislature. Florida Statutes 784.03 – Battery; Felony Battery
The Full Penalty Package
The statutory ceiling for any third-degree felony conviction includes:
- Up to five years in state prison1Justia. Florida Code Title XLVI Chapter 775 Section 775-082 – Penalties; Applicability of Sentencing Structures; Mandatory Minimum Sentences for Certain Reoffenders Previously Released From Prison
- A fine of up to $5,0007The Florida Legislature. Florida Statutes 775.083 – Fines
- Probation of up to two years by default, though the court can set a longer term8Florida Senate. Florida Statutes 948.04 – Period of Probation; Duty of Probationer
- Restitution to the victim, which the court must order unless it finds clear and compelling reasons not to9Florida Senate. Florida Code Title XLVI Chapter 775 Section 775-089 – Restitution
These are maximums. Most first-time offenders on lower-level charges don’t get anywhere near five years. What determines the actual sentence is Florida’s Criminal Punishment Code.
How the Sentence Is Actually Calculated
Judges work from a scoresheet. Points are assigned based on the primary offense, any additional offenses, prior criminal record, and whether the crime caused injury to a victim. The total produces a lowest permissible sentence — the floor the judge must impose absent special findings.
The threshold to watch is 44 points. At 44 or below, the lowest permissible sentence is any non-prison sanction. The judge can order probation, community control, or county jail time instead of state prison, though the five-year statutory maximum remains available.10Florida Attorney General. Florida Criminal Punishment Code Manual
Above 44 points, prison becomes mandatory. The minimum sentence in months equals (total points − 28) × 0.75.10Florida Attorney General. Florida Criminal Punishment Code Manual At 60 points, the calculated minimum is 24 months. A first-time defendant on a low-level third-degree felony with no victim injury typically stays under 44. A defendant with prior felonies can cross it quickly.
A judge can go below the calculated minimum through a “downward departure,” but only with written findings justifying the reduction. Prosecutors can appeal those departures, and appellate courts examine the stated reasons carefully. Going above the minimum, up to the five-year cap, needs no special justification.
When the Penalties Get Worse
Florida’s habitual offender statute can raise the five-year ceiling substantially. For a third-degree felony:
- A defendant classified as a habitual felony offender faces up to 10 years instead of five.11The Florida Legislature. Florida Statutes 775.084 – Violent Career Criminals; Habitual Felony Offenders and Habitual Violent Felony Offenders; Three-Time Violent Felony Offenders
- A habitual violent felony offender also faces up to 10 years, with at least five served before any release eligibility.11The Florida Legislature. Florida Statutes 775.084 – Violent Career Criminals; Habitual Felony Offenders and Habitual Violent Felony Offenders; Three-Time Violent Felony Offenders
- A three-time violent felony offender receives a mandatory five-year prison sentence.11The Florida Legislature. Florida Statutes 775.084 – Violent Career Criminals; Habitual Felony Offenders and Habitual Violent Felony Offenders; Three-Time Violent Felony Offenders
A separate designation applies to a prison releasee reoffender, meaning someone who commits a qualifying felony within three years of release from prison. That designation carries a mandatory five-year sentence for a third-degree felony with no early release.1Justia. Florida Code Title XLVI Chapter 775 Section 775-082 – Penalties; Applicability of Sentencing Structures; Mandatory Minimum Sentences for Certain Reoffenders Previously Released From Prison The state attorney decides whether to pursue any of these enhancements; they don’t attach automatically.
How Penalties Can Be Avoided or Reduced
Pretrial Intervention
Florida’s pretrial intervention program can result in the charges being dismissed entirely. A first-time offender, or someone with no more than one prior nonviolent misdemeanor, charged with a third-degree felony may be eligible. Admission requires approval from the program administrator, the victim, the state attorney, and the judge, and the defendant must waive the right to a speedy trial for the diversion period. Completing the program leads to dismissal, which means no conviction. Violent offenses, weapons charges, and certain other categories are excluded, and the exact list varies by judicial circuit. Veterans and active-duty service members may qualify for a separate track covering additional charges.12The Florida Legislature. Florida Statutes 948.08 – Pretrial Intervention Program
Withhold of Adjudication
Florida judges can “withhold adjudication” after a guilty plea or verdict. When adjudication is withheld, the defendant is not formally convicted despite the plea or finding. That distinction preserves civil rights that would otherwise be lost and lets the person truthfully say, in most Florida contexts, that they have not been convicted of a felony.
A withhold is not a clean slate. Federal agencies, immigration authorities, and some other states treat it as a conviction. Federal sentencing guidelines count it as a prior sentence for criminal history purposes. And certain Florida statutes, like those governing repeat battery offenses, treat a withhold as a conviction for the purpose of triggering enhanced charges the next time around.6The Florida Legislature. Florida Statutes 784.03 – Battery; Felony Battery
Consequences That Outlast the Sentence
A conviction carries costs beyond prison, fines, and probation.
Voting rights. A felony conviction strips the right to vote in Florida. That right is automatically restored once the person completes their full sentence, including prison, probation, and payment of all fines, fees, and restitution. People convicted of murder or sexual offenses are excluded from automatic restoration and must seek clemency.
Firearms. Anyone convicted of a felony is prohibited from possessing a firearm or ammunition. Violating that prohibition is a second-degree felony punishable by up to 15 years in prison.13The Florida Legislature. Florida Statutes 790.23 – Felons and Delinquents; Possession of Firearms, Ammunition, or Electric Weapons or Devices Unlawful This is a common way an old third-degree felony generates a far more serious new charge.
Employment and licensing. Licensing boards in healthcare, education, law enforcement, and finance ask about felony convictions and can deny or revoke a license based on one. Jury service is also off the table. Federal agencies and out-of-state employers generally don’t distinguish between felony degrees on a background check.
Clearing the Record Afterward
Whether the record can be cleared depends almost entirely on the withhold question.
Sealing is available when adjudication was withheld, the offense isn’t on Florida’s excluded list (sexual offenses, certain fraud charges, drug trafficking, and others), and the person has never been adjudicated guilty of any criminal offense or previously had a record sealed or expunged.14Florida Senate. Florida Statutes 943.059 – Court-Ordered Sealing of Criminal History Records A sealed record is hidden from most public background checks but remains accessible to law enforcement and certain government agencies.
Expungement goes further, physically destroying most records of the arrest and charge. Florida requires the record to first be sealed for at least 10 years, or that the charges were dismissed or resulted in acquittal.15The Florida Legislature. Florida Statutes 943.0585 – Court-Ordered Expunction of Criminal History Records Someone who was adjudicated guilty cannot expunge that conviction. Both processes require applying to the Florida Department of Law Enforcement for a certificate of eligibility before filing the court petition, and a person can seal or expunge only one record in a lifetime under these statutes.