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Home > Criminal Defense > Florida Criminal Law Guide > Penalties

Penalties

In Florida, crimes are categorized as either misdemeanors or felonies. 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 and penalty enhancement chart provides a very generic explanation of criminal penalties in Florida. As each case is unique, there are likely additional factors that would affect the possible sentence in a specific person's case



Penalties
Offense Designation Maximum Incarceration Maximum Fine
1st Degree Felony  30 years in prison  $10,000
2nd Degree Felony  15 years in prison  $10,000
3rd Degree Felony  5 years in prison  $5,000
1st Degree Misdemeanor  1 year in jail  $1,000
2nd Degree Misdemeanor  60 days in jail  $500 
 
Penalty Enhancements
HFO: HFO stands for Habitual Felony Offender. If convicted of a HFO offense, the judge may impose a sentence twice the amount allowed by law.
PBL: PBL stands for Punishable by Life. If convicted of a PBL offense, the judge may sentence you to life in prison.
PRR: PRR stands for Prison Releasee Reoffender. If convicted of a PRR offense, you will be sentenced to the maximum sentence allowed by law, day for day with no allowance for gain time or good time.
 


  1. Misdemeanor Offenses - Misdemeanor offenses are handled by the county court and are usually considered less serious crimes than felony offenses.
    1. 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.
    2. 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.
  2. Felony Offenses - Felony offenses are handled by the 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 referred to as a scoresheet, each felony is scored a specific amount of points. The points are determined by the level designated 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 than 44 points, a judge is not required to sentence you to prison, but may still do so.
    1. Third Degree Felony - A third degree felony is punishable by up to five years in prison, five years probation, and a $5,000 fine.
    2. Second Degree Felony - A second-degree felony is punishable by up to fifteen years in prison, fifteen years probation, and a $10,000 fine.
    3. First Degree Felony - A first-degree felony is punishable by up to thirty years in prison, thirty years probation, and a $10,000 fine.
    4. 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.
    5. Capital Felony - A capital felony is punishable by death or life in prison without the possibility of parole.

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