Reply #10

The article states that Abaire "could face five years in prison" if he is convicted of the felony. That's very misleading. While it is true that the maximum penalty that can be imposed for a third-degree felony in Florida is five years, Florida has a fairly convoluted sentencing structure in which points are assigned to each felony (past or current) that an individual commits in order to determine the recommended sentence. If your point total is below 44, the judge doesn't have to sentence you to any time at all (and that is usually what happens). Once the point total gets to 44, a formula determines what your sentence can be: the minimum (one year), the maximum (five years), or something in between. This guy's felony -- petit theft, is a level one offense worth four points. While he has a long rap sheet, most of the offenses are misdemenors and the felonies appear to be low level offenses. While I haven't bothered to calculate the point total, it seems quite likely, if not certain, that its below 44 and that this guy, if convicted, could be released without serving any time (although he might get a month or two) and in no case will he be subject to five years in prison.

But it made for a nice bit of Florida bashing by the OP and others misled by the article.