Criminal Penalties in Florida
Florida categorizes crimes as either a misdemeanor or a felony.
Misdemeanor offenses are further classified as either second or first-degree misdemeanors while felony offenses are classified as third degree, second degree, first degree, capital, or life offenses.
The following penalty chart provides a generic explanation of criminal penalties in Florida. Since your case is unique, there are likely additional factors that would affect the possible sentence you would be facing.
| Offense Designation | Maximum Incarceration | Maximum Fine |
|---|---|---|
| 2nd Degree Misdemeanor | 60 days in jail | $500 |
| 1st Degree Misdemeanor | 1 year in jail | $1,000 |
| 3rd Degree Felony | 5 years in prison | $5,000 |
| 2nd Degree Felony | 15 years in prison | $10,000 |
| 1st Degree Felony | 30 years in prison | $10,000 |
| Life Felony | Life in Prison | $15,000 |
| Capital Felony | Punishable by Death | Not Applicable |
Misdemeanor Offenses
Misdemeanor offenses are handled by the county court and are usually considered less serious crimes than felony offenses.
Second Degree Misdemeanor
A second-degree misdemeanor is a crime punishable by no more than sixty days in jail, six months of probation, and a $500 fine.
First Degree Misdemeanor
A first-degree misdemeanor is a crime punishable by no more than one year in jail, one-year probation, and a $1,000 fine.
Felony Offenses
Felony offenses are heard in circuit court and are punishable by the possibility of more than one-year imprisonment. Felony offenses are sentenced pursuant to Florida's criminal punishment code ("CPC").
Under the CPC, also known as a scoresheet, each felony carries a specific amount of points. The points are set by the Florida legislature, regardless of statutory degree. The higher the level a felony is designated, the more points that will appear on your CPC scoresheet.
If you score more than 44 points, you are subject to a minimum term of imprisonment. If you score less, a judge is not required to sentence you to prison, but may still do so.
Third Degree Felony
A third degree felony is punishable by up to five years in prison, five years probation, and a $5,000 fine.
Second Degree Felony
A second-degree felony is punishable by up to fifteen years in prison, fifteen years probation, and a $10,000 fine.
First Degree Felony
A first-degree felony is punishable by up to thirty years in prison, thirty years probation, and a $10,000 fine.
Life Felony
A life felony is punishable by life in prison without the possibility of parole, or probation for the remainder of your life, and a $15,000 fine.
Capital Felony
A capital felony is punishable by death or life in prison without the possibility of parole.
