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.

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.