Felony vs Misdemeanor in Florida

The difference between a felony and a misdemeanor in Florida is the maximum punishment: a felony is punishable by death or by imprisonment in state prison, and a misdemeanor is punishable by no more than 1 year in a county jail, as defined in Florida Statute 775.08. Florida Statute 775.081 divides felonies into five classes and misdemeanors into two degrees, and Statutes 775.082 and 775.083 set the maximum term and fine for each.

Below: the legal definitions, every degree with its maximum sentence and fine, the court that hears each charge, the time limits for prosecution, the lasting consequences of a felony, how a misdemeanor becomes a felony, and how The Law Offices of Robert David Malove works to reduce a charge in Fort Lauderdale.

What Is a Felony in Florida?

A felony in Florida is any criminal offense punishable by death or by imprisonment in a state correctional facility, under Florida Statute 775.08(1). The statute also directs that a sentence longer than 1 year, except an extended term, is served in state prison.

Florida Statute 775.081(1) classifies felonies into five categories: capital, life, first degree, second degree, and third degree. A crime the Legislature labels a felony without naming a degree is a third-degree felony.

What Is a Misdemeanor in Florida?

A misdemeanor in Florida is any criminal offense punishable by a term in a county correctional facility of no more than 1 year, under Florida Statute 775.08(2). Florida Statute 775.081(2) creates two degrees, first and second. A crime labeled a misdemeanor without a degree is a second-degree misdemeanor.

What is a noncriminal violation?

A noncriminal violation is an offense punishable only by a fine, forfeiture, or other civil penalty, under Florida Statute 775.08(3). A noncriminal violation is not a crime, and Statute 775.082(5) bars a jail sentence for it, except as chapter 316 or a local ordinance provides. Florida law defines a crime as a felony or a misdemeanor only.

What Are the Maximum Penalties for Each Degree?

The maximum penalties in Florida range from 60 days in jail and a $500 fine for a second-degree misdemeanor to death for a capital felony. Statute 775.082 sets the term and Statute 775.083 sets the fine.

Statute 775.083(1) also allows a fine equal to double the gain to the offender or double the loss to the victim. Court costs under Statute 775.083(2) are $50 for a felony and $20 for any other offense.

How does the Criminal Punishment Code score a felony?

The Criminal Punishment Code scores a felony on a worksheet that turns the offense and the person’s record into sentence points, under Florida Statute 921.0024. Statute 921.0022 assigns each felony one of 10 offense levels, from level 1 (least severe) to level 10 (most severe). Misdemeanors are not ranked on the chart; they add points only as additional offenses or prior record, marked “M” on the worksheet.

The total points set the lowest permissible sentence, which is the minimum the judge may impose without a valid reason for departure. At 44 points or fewer, the lowest permissible sentence is any nonstate prison sanction, unless the judge finds a prison sentence appropriate. Above 44 points, the court subtracts 28 and reduces the remainder by 25 percent to compute the minimum prison months.

Which Court Hears a Felony or a Misdemeanor?

The circuit court hears felonies in Florida, and the county court hears misdemeanors. Florida Statute 26.012(2)(d) gives the circuit court exclusive original jurisdiction over all felonies and over any misdemeanor arising from the same circumstances as a charged felony. Florida Statute 34.01(1)(a) gives the county court jurisdiction over all other misdemeanors.

How Long Does the State Have to File Charges?

The time limit to file charges in Florida grows with the degree of the crime, under Florida Statute 775.15. The general limits are:

• Capital felony, life felony, or a felony that caused a death. No time limit.
• First-degree felony. 4 years after the offense.
• Second-degree or third-degree felony. 3 years after the offense.
• First-degree misdemeanor. 2 years after the offense.
• Second-degree misdemeanor or noncriminal violation. 1 year after the offense.

Statute 775.15 contains longer periods for specific crimes, such as certain sex offenses against minors, fraud, and offenses involving a destructive device. The clock also pauses while the accused is continuously absent from Florida, for up to 3 extra years.

What Rights Does a Felony Conviction Take Away?

A felony conviction in Florida takes away the right to vote, to possess a firearm, and to serve on a jury, and it can bar a professional license. Each of these consequences attaches to the felony conviction under its own statute.

Can a convicted felon vote in Florida?

A convicted felon in Florida regains the right to vote upon completion of all terms of sentence, including parole or probation, under Article VI, Section 4 of the Florida Constitution as amended by citizen initiative in 2018. Florida Statute 98.0751 defines completion to include release from prison, the end of supervision, and full payment of restitution and of fines or fees ordered in the sentence. A person convicted of murder or a felony sexual offense votes again only after clemency restores civil rights.

Can a convicted felon own a gun in Florida?

A convicted felon cannot own or possess a firearm, ammunition, or an electric weapon in Florida, under Florida Statute 790.23. A violation is a second-degree felony. Statute 790.23(2) exempts a convicted felon whose civil rights and firearm authority have been restored.

Can a convicted felon serve on a jury?

A convicted felon cannot serve on a Florida jury unless civil rights are restored, under Florida Statute 40.013(1). The same statute disqualifies anyone currently under prosecution for any crime, felony or misdemeanor.

Does a conviction affect a professional license?

A conviction can be grounds to deny a professional license when the crime is a felony or a first-degree misdemeanor directly related to the standards of the occupation, under Florida Statute 112.011(1)(b). The same rule applies to employment with the state, a county, or a city. Statute 112.011 limits this rule to felonies and first-degree misdemeanors.

When Does a Misdemeanor Become a Felony?

A misdemeanor becomes a felony in Florida when a statute raises the charge because of the value involved, the injury caused, or the person’s prior convictions. Theft and battery show the line most clearly.

Petit theft vs grand theft

The value of the property separates petit theft from grand theft under Florida Statute 812.014. Theft under $100 is a second-degree misdemeanor, and theft of $100 to under $750 is a first-degree misdemeanor. A theft of $750 or more is grand theft: a third-degree felony from $750 to under $20,000, a second-degree felony from $20,000 to under $100,000, and a first-degree felony at $100,000 or more. Petit theft also becomes a third-degree felony when the person has two or more prior theft convictions.

Simple battery vs felony battery

The injury and the record separate simple battery from felony battery. Simple battery under Florida Statute 784.03 is a first-degree misdemeanor. Felony battery under Florida Statute 784.041 is a third-degree felony when the touch or strike causes great bodily harm, permanent disability, or permanent disfigurement. A second battery after one prior battery conviction is also a third-degree felony, even when adjudication was withheld on the first.

Can a weapon raise the degree of a felony?

A weapon raises the degree of a felony when the accused carries, displays, uses, or threatens to use a weapon or firearm during the crime, under Florida Statute 775.087(1). A third-degree felony becomes a second-degree felony, a second-degree felony becomes a first-degree felony, and a first-degree felony becomes a life felony. The rule does not apply when the use of a weapon is already an element of the crime.

Can a Felony Charge Be Reduced to a Misdemeanor?

A felony charge can be reduced to a misdemeanor in Florida when the State cannot prove the element that makes the offense a felony. The State Attorney decides what to file, so the defense works before and after the filing decision:

• Challenging the value. A grand theft charge based on value depends on proof that the property was worth $750 or more. Receipts, the age and condition of the property, and appraisal evidence can move the charge below the felony line.
• Challenging the injury. Felony battery requires great bodily harm, permanent disability, or permanent disfigurement. Medical records that show a lesser injury support a misdemeanor battery charge.
• Challenging the prior convictions. An upgrade based on a prior record requires the State to prove each earlier conviction.
• Seeking a withhold of adjudication. Florida Statute 948.01(2) lets a judge withhold adjudication of guilt. A person never adjudicated guilty may later be eligible to petition for sealing under Statute 943.059, subject to the other conditions in that statute.

Each of these routes aims to avoid a felony conviction and the rights it takes away, and a withhold can keep record sealing and expungement open.

Why Hire The Law Offices of Robert David Malove?

Robert David Malove is a Florida Bar Board Certified Criminal Trial Lawyer who has defended felony cases in Broward, Miami-Dade, and Palm Beach Counties since 1984, including years as an Assistant Public Defender in all three. The firm’s Fort Lauderdale office at 200 SE 9th Street is a short walk from the Broward County Courthouse.

The gap between a felony and a misdemeanor is often one fact: a dollar value, an injury, or a prior conviction. A Fort Lauderdale arrest report states that fact the way the officer saw it, so the first step is to call a Fort Lauderdale criminal defense lawyer before the State Attorney makes its filing decision. A defense lawyer can then test the value, the medical evidence, and the prior record, and press for a misdemeanor filing, a reduction, a withhold of adjudication, or a trial.

Call (954) 861-0384 for a free consultation about a felony or misdemeanor charge in Fort Lauderdale.

Felony vs Misdemeanor in Florida: Frequently Asked Questions

Is a felony worse than a misdemeanor in Florida?

A felony is worse than a misdemeanor in Florida because it can carry a state prison term of more than 1 year, higher fines, and, after a conviction, the loss of voting, firearm, and jury rights. The least serious felony, third degree, carries up to 5 years and a $5,000 fine. The most serious misdemeanor, first degree, carries up to 1 year in county jail and a $1,000 fine.

Can a misdemeanor charge be dropped in Florida?

A misdemeanor charge can be dropped in Florida when the State Attorney decides not to prosecute, when the court dismisses the charge, or when the time limit in Florida Statute 775.15 expires before charges are filed. That limit is 2 years for a first-degree misdemeanor and 1 year for a second-degree misdemeanor.