Florida prosecutors are arguing that New England Patriots owner Robert Kraft, who has been accused of soliciting prostitution, could be charged with a felony, according to the South Florida Sun Sentinel.

A filing from the state attorney general’s office says Kraft could face a third-degree felony charge and up to five years in prison if convicted, the newspaper reported.

Veteran defense attorney Jack Fleischman, who is not affiliated with the case, told the Sun Sentinel that upping misdemeanor charges to a felony was unusual.

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“I literally have never seen that enhancement used in any county,” Fleischman said.

A source familiar with the case told The Hill that a judge ordered that the filing be taken down and resubmitted due to its length.

The person said they do not believe Kraft could be charged with a felony in the case.

Prosecutors are also appealing a ruling from a judge throwing out evidence including surveillance footage from the Orchids of Asia Day Spa in Jupiter, Fla.

The judge reportedly ruled that police did not have a lawful warrant to take the video at the spa.

Lawyers representing Kraft have argued that taking “continuous video recordings of private massages in which customers would be stripping naked as a matter of course” would violate customer privacy.

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