Criminal Law Questions? Ask a Criminal Lawyer.
I am a Florida criminal defense attorney and I'd be happy to help. The answer to your question depends, at least to some extent, on the date of the prior offenses. So, when were the two offenses in Georgia? Thank you.
With those dates in mind, this would fall into what Florida calls the "3 within 10" rule, meaning a third offense within a ten year period. This rule requires that a person have two prior convictions and that the latest offense is within ten years of the second conviction. As such, this can be filed as a felony offense and would then be punishable by up to 5 years of incarceration and up to a $5,000 fine.
Having said that, much less is possible as well. As the two previous offenses are so old, the prosecutor may not file it as a felony and may leave it as a misdemeanor. If so, it would then be punishable by up to 1 year of incarceration and up to a $2,500 fine.
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