Criminal Penalties in Florida
Florida classifies crimes as either a Misdemeanor Offense or a Felony Offense.
The potential criminal penalties increase based on the severity of the crime or the frequency that a person is convicted of a specific crime.
| 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 crimes that are punishable by less than one year in jail. Unless charged with other felony offenses, misdemeanors are handled by a county court judge and are considered less serious crimes than felony offenses. Misdemeanors are categorized as either first degree or second degree misdemeanors.
- 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 handled by circuit court judges and are punishable by the possibility of more than one-year in prison. Felony offenses are sentenced pursuant to Florida's criminal punishment code ("CPC").
Under the CPC, commonly referred to as a scoresheet, each felony is scored a specific amount of points based on upon a statutory severity ranking, which are determined 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.
- 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.
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Contact Criminal Defense Lawyer Richard Hornsby for the criminal defense representation you deserve. The initial consultation is free and I am always available to advise you on the proper course of action to take.
