Florida Criminal Law: Felonies, Misdemeanors, and Penalties

Florida's criminal code organizes offenses into a structured hierarchy of felonies and misdemeanors, each carrying distinct penalty ranges, civil consequences, and procedural tracks. The classification of an offense determines which court has jurisdiction, the sentencing options available to a judge, and the long-term collateral effects on a defendant's civil rights. This page maps the statutory framework governing criminal classifications, penalty structures, and the institutional rules that govern how offenses are charged and resolved in Florida's state courts.

• Definition and Scope
• Core Mechanics or Structure
• Causal Relationships or Drivers
• Classification Boundaries
• Tradeoffs and Tensions
• Common Misconceptions
• Charge and Penalty Determination Sequence
• Reference Table: Florida Criminal Classification Matrix

Definition and Scope

Florida criminal law distinguishes two primary offense categories — felonies and misdemeanors — defined under Florida Statutes Chapter 775, the Florida Criminal Punishment Code's definitional base. A felony is any offense punishable by imprisonment in a state correctional facility for a term exceeding one year. A misdemeanor is punishable by a term not exceeding one year in a county jail.

Below misdemeanors, Florida also recognizes civil infractions — non-criminal violations adjudicated without the possibility of incarceration — though these fall outside the criminal penalty framework addressed here.

The governing statutes are primarily located in Florida Statutes Title XLVI (Crimes), spanning Chapters 775 through 896, and the sentencing structure is administered under the Florida Criminal Punishment Code (Florida Statutes §921.002), which replaced the earlier guidelines system in 1998.

Scope and coverage note: This page addresses Florida state criminal law only. Federal criminal offenses prosecuted in U.S. District Courts in Florida — including those arising under Title 18 of the United States Code — are not covered here. Juvenile delinquency proceedings, governed separately under Florida Statutes Chapter 985, operate under a distinct framework addressed at Florida Juvenile Justice System. Offenses occurring on federal property within Florida's geographic borders may fall under exclusive federal jurisdiction and are outside the scope of state criminal classification described below. For the broader regulatory and jurisdictional context, see Regulatory Context for the Florida Legal System.

Core Mechanics or Structure

Florida's felony classification uses five degrees. Capital felonies and life felonies occupy the top two tiers, followed by felonies of the first, second, and third degree. Misdemeanors divide into two degrees. Each classification carries a statutory maximum sentence set by Florida Statutes §775.082:

• Capital felony: Death or, where death is not imposed, life imprisonment without the possibility of parole.
• Life felony: Life imprisonment or a term of 40 years minimum under certain statutes, plus a fine not exceeding $15,000 (§775.083).
• First-degree felony: Up to 30 years imprisonment and a fine not exceeding $10,000.
• Second-degree felony: Up to 15 years imprisonment and a fine not exceeding $10,000.
• Third-degree felony: Up to 5 years imprisonment and a fine not exceeding $5,000.
• First-degree misdemeanor: Up to 1 year in county jail and a fine not exceeding $1,000.
• Second-degree misdemeanor: Up to 60 days in county jail and a fine not exceeding $500.

Sentencing for non-capital felonies is further governed by the Florida Criminal Punishment Code's scoresheet system, under which each charged offense and prior record generates a point total. A total exceeding 44 points presumptively mandates a state prison sentence rather than probation or county jail (§921.0024).

Causal Relationships or Drivers

The classification assigned to a particular act is not always fixed at the offense definition level. Florida statutes build in enhancement mechanisms that elevate an offense's degree based on identifiable aggravating factors.

Victim-based enhancements under §775.0845 and related sections elevate charges when the victim is elderly (age 65 or older), a minor under 12, or a law enforcement officer. Bias-motivated crimes receive enhanced treatment under Florida's Hate Crime Statute (§775.085), which reclassifies the underlying offense one degree higher.

Weapon possession during commission of a felony triggers the 10-20-Life statute (§775.087), imposing mandatory minimum sentences of 10 years for possession of a firearm, 20 years for discharge, and 25 years to life for discharge causing death or great bodily harm.

Prior record feeds directly into the scoresheet calculation. Each prior conviction, scored by offense severity level (Levels 1 through 10 under §921.0022), adds points that can shift a sentence from a non-prison sanction to a mandatory prison term.

Habitual offender designation under §775.084 allows a court to sentence a qualifying defendant to an extended term — up to life imprisonment for a habitual violent felony offender convicted of a first-degree felony.

Classification Boundaries

The boundary between a misdemeanor and a felony, or between felony degrees, is determined by the specific statute defining the offense. The most consequential boundary — third-degree felony versus first-degree misdemeanor — separates county court jurisdiction from circuit court jurisdiction (Florida Statutes §34.01).

Florida's Florida Circuit Courts handle all felony prosecutions, while Florida County Courts handle misdemeanors. This jurisdictional split affects access to a jury of 6 (misdemeanor) versus 12 (felony), available discovery mechanisms, and plea offer practices.

Certain offenses have value thresholds that determine degree. Theft under §812.014 illustrates this: theft of property valued under $750 is a first-degree misdemeanor; $750 to under $20,000 is a third-degree felony; $20,000 to under $100,000 is a second-degree felony; and $100,000 or more is a first-degree felony.

Drug offenses categorize by substance type and quantity. Possession of more than 10 grams of heroin constitutes trafficking — a first-degree felony with a mandatory minimum of 3 years — under §893.135.

Tradeoffs and Tensions

Mandatory minimums versus judicial discretion: Florida's mandatory minimum sentencing statutes — including 10-20-Life and drug trafficking thresholds — remove judicial sentencing discretion entirely for qualifying offenses. Critics in the academic and policy literature, including scholarship published through the Florida TaxWatch research institute, have argued these statutes produce disproportionate sentences in cases where mitigating circumstances are substantial. Proponents maintain they create uniform deterrence and remove sentencing disparity across circuits.

Scoresheet rigidity versus individualized sentencing: The Criminal Punishment Code scoresheet calculates a single recommended sentence based on quantified factors, but Florida Statutes §921.0026 enumerates mitigating circumstances under which a downward departure sentence below the scoresheet minimum is permissible. Courts must make written findings justifying any departure, creating a tension between mechanical calculation and case-specific equitable considerations.

Felony conviction collateral consequences: A felony conviction in Florida triggers automatic disenfranchisement under Article VI, Section 4 of the Florida Constitution. Florida Amendment 4 (2018) restored voting rights for most returning citizens after completion of sentence, excluding those convicted of murder or felony sexual offenses — but the implementing legislation (SB 7066, 2019) added a requirement that all financial obligations be satisfied first, creating ongoing litigation over what constitutes a "completion of sentence."

Common Misconceptions

Misconception: A felony conviction automatically means prison time.
Florida's scoresheet system allows non-prison sanctions — probation, community control, or county jail — for defendants whose point totals fall below 44. A third-degree felony for a first-time offender with no prior record may score well below that threshold, making a prison sentence neither mandatory nor presumptively appropriate.

Misconception: Misdemeanor convictions carry no lasting civil consequences.
Florida Statutes §790.23 prohibits possession of a firearm or ammunition by any person convicted of a misdemeanor crime of domestic violence under federal law (18 U.S.C. §922(g)(9)), which means a Florida first-degree misdemeanor conviction for domestic battery can result in a permanent federal firearms disability.

Misconception: The degree of the charged offense determines the sentence.
The Criminal Punishment Code scoresheet — not the statutory maximum alone — governs the recommended sentence for non-capital felonies. A defendant charged with a second-degree felony who has 3 prior felony convictions may face a higher scoresheet total and greater actual exposure than a first-time offender charged with a first-degree felony.

Misconception: Expungement eliminates a Florida conviction.
Florida law distinguishes between expungement and sealing. Under §943.0585, expungement applies to charges that did not result in a conviction. Most adjudicated felony convictions are not eligible for expungement under Florida law, and prior sealed or expunged records are counted in scoresheet calculations for subsequent offenses (§921.0021(5)).

Charge and Penalty Determination Sequence

The following sequence reflects the statutory and procedural stages through which a criminal charge is classified and sentenced in Florida:

1. Offense identification: The specific act is matched to the applicable Florida Statute defining the crime and its base degree classification.
2. Enhancement review: The State Attorney's Office (Florida Statutes §27.02) reviews applicable enhancement statutes — victim age, weapon use, bias motivation, and location — to determine whether the base charge degree should be elevated.
3. Charging decision: The State Attorney files a formal information (for felonies below capital) or presents evidence to a grand jury (for capital felonies, required under Article I, Section 15 of the Florida Constitution).
4. Scoresheet preparation: For felony charges, the Florida Department of Corrections or the State Attorney prepares a Criminal Punishment Code scoresheet (FDOC Scoresheet Preparation Manual) that quantifies the primary offense, additional offenses, prior record, and legally authorized victim injury points.
5. Threshold calculation: If the scoresheet total exceeds 44 points, the lowest permissible sentence is a state prison term. If below 44 points, a non-prison sanction is within the permitted range.
6. Mandatory minimum check: Even if the scoresheet permits a non-prison sanction, the court must determine whether any applicable mandatory minimum statute — including 10-20-Life or drug trafficking thresholds — overrides scoresheet flexibility.
7. Departure motion review: At sentencing, either party may present a motion for downward or upward departure under §921.0026, supported by written factual findings.
8. Sentence imposition: The court imposes a sentence within or outside the scoresheet range (with departure findings), specifying prison, probation, community control, county jail, or a combination under a split sentence structure (§948.01).

Reference Table: Florida Criminal Classification Matrix

All penalty figures drawn from Florida Statutes §775.082 and §775.083.

The full landscape of Florida criminal law — including procedural rights, appellate pathways