FBBE Florida Criminal Law Flashcards

Under Florida law, what degree of felony is grand theft when the value of the property stolen is between $750 and $20,000?

Answer: Third-degree felony

Florida Statutes § 812.014 classifies theft of property valued between $750 and $20,000 as grand theft in the third degree, a third-degree felony.

In Florida, what mental state is required for first-degree premeditated murder under § 782.04?

Answer: Premeditated design to cause death

Florida first-degree premeditated murder requires a premeditated design — a conscious decision made before the act — to unlawfully kill another person.

Under Florida's felony murder rule, which of the following is NOT one of the enumerated predicate felonies?

Answer: Simple battery

Florida's felony murder rule under § 782.04(1)(a)2 lists specific enumerated felonies; simple battery is not among them and cannot serve as a predicate for felony murder.

What is the Florida definition of burglary?

Answer: Entering or remaining in a structure or conveyance with intent to commit a crime therein

Florida Statutes § 810.02 defines burglary as entering or remaining in a structure or conveyance with intent to commit a crime inside, eliminating the common law requirement of breaking.

Under Florida law, robbery is distinguished from theft by what additional element?

Answer: The use of force, violence, assault, or putting in fear during the taking

Florida Statutes § 812.13 defines robbery as taking property from another by force, violence, assault, or putting in fear — the force element distinguishes it from theft.

In Florida, what is the minimum mandatory prison sentence for a conviction of trafficking in 28 grams or more of cocaine?

Answer: 3 years

Florida Statutes § 893.135(1)(b)1a mandates a minimum 3-year prison sentence for trafficking 28 grams or more but less than 200 grams of cocaine.