The Differences Between Misdemeanors and Felonies in Florida

In the state of Florida, criminal offenses are categorized into two main types: misdemeanors and felonies. Understanding the distinction between these two classifications is crucial for anyone navigating the criminal justice system, whether as a defendant, a victim, or simply a concerned citizen.

Definitions and General Differences

Misdemeanors are considered less serious offenses compared to felonies. They typically involve minor infractions and result in less severe penalties. In Florida, misdemeanors are divided into two degrees:

• First-Degree Misdemeanor: The more serious of the two, punishable by up to one year in jail, a fine of up to $1,000, or both.

• Second-Degree Misdemeanor: Less serious offenses, punishable by up to 60 days in jail, a fine of up to $500, or both.

Felonies, on the other hand, are serious crimes that carry heavier penalties, including longer imprisonment and larger fines. Felonies in Florida are classified into five categories:

• Capital Felony: The most serious offenses, punishable by the death penalty or life imprisonment without the possibility of parole.

• Life Felony: Punishable by life imprisonment and fines of up to $15,000.

• First-Degree Felony: Punishable by up to 30 years in prison and fines of up to $10,000.

• Second-Degree Felony: Punishable by up to 15 years in prison and fines of up to $10,000.

• Third-Degree Felony: Punishable by up to 5 years in prison and fines of up to $5,000.

Examples of Misdemeanors and Felonies

Examples of Misdemeanors:

• First-Degree Misdemeanor: Simple battery, theft of property valued under $750, possession of marijuana (under 20 grams), driving under the influence (DUI) for a first-time offender, and domestic violence.

• Second-Degree Misdemeanor: Disorderly conduct, driving with a suspended license (first offense), trespassing, and petit theft (property valued under $100).

Examples of Felonies:

• Capital Felony: First-degree murder, capital sexual battery (sexual assault of a child under 12).

• Life Felony: Kidnapping, sexual battery (rape) involving a weapon or severe injury.

• First-Degree Felony: Aggravated battery, drug trafficking, burglary with assault or battery, and manslaughter.

• Second-Degree Felony: Aggravated assault with a deadly weapon, child abuse, vehicular homicide, and robbery.

• Third-Degree Felony: Grand theft (property valued between $750 and $20,000), forgery, carrying a concealed firearm without a permit, and certain drug possession charges.

Potential Penalties and Sentencing

The penalties for misdemeanors and felonies in Florida vary significantly due to the severity of the crimes:

Misdemeanors:

• First-Degree Misdemeanor: Up to one year in county jail, probation, fines up to $1,000, community service, and other court-mandated programs.

• Second-Degree Misdemeanor: Up to 60 days in county jail, probation, fines up to $500, community service, and other court-mandated programs.

Felonies:

• Capital Felony: Death penalty or life imprisonment without parole.

• Life Felony: Life imprisonment and fines up to $15,000.

• First-Degree Felony: Up to 30 years in prison and fines up to $10,000.

• Second-Degree Felony: Up to 15 years in prison and fines up to $10,000.

• Third-Degree Felony: Up to 5 years in prison and fines up to $5,000.

In addition to imprisonment and fines, felony convictions often come with additional penalties such as loss of civil rights (e.g., voting, holding public office, owning firearms), mandatory registration (for sex offenders), and long-term probation.

 Long-Term Consequences

The consequences of a criminal conviction extend beyond immediate penalties. Both misdemeanors and felonies can have long-term impacts on an individual’s life, although the severity of these consequences often correlates with the seriousness of the offense.

Consequences of Misdemeanors:

• Employment: A misdemeanor conviction can make it more difficult to find or maintain employment, especially for jobs requiring background checks.

• Education: Certain educational opportunities and financial aid options may be affected.

• Housing: A misdemeanor can impact rental opportunities, as many landlords conduct background checks.

• Reputation: A criminal record can harm an individual’s reputation in their community.

Consequences of Felonies:

• Employment: Felony convictions severely restrict job opportunities, especially in fields requiring trust and security clearances.

• Education: Access to higher education and financial aid is significantly restricted.

• Housing: Felony convictions make finding rental housing particularly challenging.

• Civil Rights: Felons often lose the right to vote, serve on a jury, run for public office, and own firearms.

• Professional Licenses: Many professional licenses are either suspended or revoked upon felony conviction, limiting career options.

Contact Lance P. Richard, P.A.

Understanding the differences between misdemeanors and felonies in Florida is essential for navigating the criminal justice system. If you or a loved one is facing criminal charges, it is crucial to seek experienced legal representation. Lance P. Richard, P.A., a dedicated criminal defense lawyer in Stuart, Florida, can provide the expert guidance and aggressive defense you need. Contact us today for a consultation and let us help protect your rights and secure the best possible outcome for your case.

Sources:

.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.081.html

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.08.html

flsenate.gov/Laws/Statutes/2011/Chapter775