Florida crimes are classified as either misdemeanors or felonies. Of the two, misdemeanors are the less serious.
A felony is:
… any criminal offense that is punishable … by death or imprisonment in a state penitentiary. “State penitentiary” shall include state correctional facilities. A person shall be imprisoned in the state penitentiary for each sentence which, except an extended term, exceeds 1 year.
Sec. 775.08(1), Fla. Stat.
A misdemeanor is:
… any criminal offense that is punishable … by a term of imprisonment in a county correctional facility, except an extended term, not in excess of 1 year.
Sec. 775.08(2), Fla. Stat. Misdemeanors do not include noncriminal traffic infractions or violations of municipal or county ordinances.
There are two main classifications of misdemeanor charges: first degree and second degree.
First degree misdemeanors are punishable by up to 364 days in county jail, while second degree misdemeanors are publishable by up to 60 days in county jail.
Here are some common misdemeanors:
- Driving under the influence (DUI)
- Drug Possession (Cannabis)
- Petit Theft | Shoplifting
- Assault
- Battery
- Domestic Violence
- Violation of Restraining Orders
- Solicitation of Prostitution
- Resisting Arrest
- Trespass
- Disorderly Conduct
- Disorderly Intoxication
- Bad Checks
- Juvenile
- Violation of Probation
- Carrying a Concealed Weapon
- Criminal Mischief
Here are some classifications of felonies and their corresponding penalties:
- Third Degree: Five (5) years in prison and $5000 fine
- Second Degree: Fifteen (15) years in prison and $10,000 fine
- First Degree: Thirty (30) years in prison and $10,000 fine
- Life: Life in prison and $15,000 fine
- Capital: Death Penalty
In felony cases, the court will use a “score sheet” which will determine the type of sentence received. The “score sheet” is a function of the nature of the pending charge and an individual’s criminal history.
Alternatives may be available. Many cases may be eligible for diversionary programs such as Pre-Trial Intervention or Drug Court which will result in dismissal upon successful completion. Other alternatives may include probation.
We will always seek to avoid having a conviction placed on a client’s record (referred to as a “withholding of adjudication”) and look for ways to preserve the possibility of expungement or sealing of the record.
