Legal Question in Criminal Law in Florida

Punishment for Misdemeanor-2nd degree

My 39 year-old brother-in-law was recently arrested for shoplifting and will have to appear in court in the near future. He is concerned as to what he will be facing for punishment. I have researched and it looks like it's gonna be 2nd degree misdemeanor, for shoplifting amount of about $150. on a first offense. He was not taken to the police station or jail during the arrest as he has a clean record and he was cooperative and it was his first offense. I also know the punishment would be up to $500 fine and/or 60 days jail. I am just concerned about the ''possibility'' of the jail sentence. How likely is it for the judge to sentence him to jail time in addition to a fine? Would he get away with just a fine?

Thank you!


Asked on 1/12/03, 12:17 pm

1 Answer from Attorneys

Eric Dirga Eric J. Dirga, PA

Re: Punishment for Misdemeanor-2nd degree

If the amount is $150 then it is a first degree misdemeanor. The Maximum sentence he faces is 1 year jail, 1 year probation, and up to $1,000 fine. What will he receive is an unknown. I cannot guess on that. It depends on the judge, prosecutor, and your brother, and his attorney.

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Answered on 1/13/03, 10:24 am


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