Crime & Police

Florida Ranked No. 1 for Harshest Prison Sentences in Nation: Study

A new study puts Florida at the top of the list for the nation’s toughest prison sentences.
A prison guard tower
Florida earned the top spot in a study on prison sentencing harshness.

Photo by the Florida Department of Corrections (FDOC)

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With the highest sentence maximum for theft, DUI, and burglary, the Sunshine State comes in at number one for harshest prison sentencing in the nation, according to a new study.

Perhaps it’s no surprise that a state made notorious by the ignominious “Florida man” has earned the top spot on a prison sentencing harshness study. Personal injury lawyers at Davidoff Law analyzed judicial factors across the country, like average sentence length and maximum possible sentences for larceny, burglary, murder, and first-time DUI, compiling a “state legal harshness score.” Florida breezed by the rest of the class to claim the top spot with a whopping score of 99, beating all other states by a wide margin.

States With Harshest Prison Sentencings

1. Florida (99)
2. Alabama (88)
3. Kansas (78)
4. Arizona (64)
5. Louisiana (38)
6. Mississippi (36)
7. Nebraska (35)
8. South Carolina (34)
9. South Dakota (32)
10. North Dakota (29)

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Florida came in first with an average sentence length of 4.51 years (which is relatively low on the list) and a 30-year maximum sentence for theft (five years more than Delaware and New York, the states with the second-highest maximum theft sentence, at 25 years). Only Illinois matches Florida’s 30-year sentence for theft.

We’re also one of only three states (including Alabama and Massachusetts) where you can receive a life sentence for first-degree burglary. A burglary becomes a first-degree offense in Florida if the offender commits assault/battery, arms themself, uses a vehicle as a means other than to escape, or causes more than $1,000 in damages.

“Keeping people safe isn’t just about handing out long prison sentences: research shows that longer and harsher sentencing doesn’t actually work and can make things worse,” Ruben Davidoff, the founder and managing attorney at Davidoff Law, said in the study. “Strict laws and decades behind bars have crowded the prisons and put people in dangerous conditions, while communities often don’t get the support they need. What really helps is shorter, fairer sentences, opportunities for people to make amends, and investing in things like education, housing, and mental health. The lesson that we can learn from this study is that safety comes from preventing crime and supporting people, not just punishing them.”

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