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What are the Differences Between a Misdemeanor and a Felony in Florida?
No one wants to face any variety of criminal charges. However, if you find yourself arrested and dealing with the criminal justice system, it is essential to understand the potential consequences of a conviction. Like all states, Florida divides crimes into two broad categories: misdemeanors and felonies. These classifications are based on the perceived severity of the act and the harm it caused to victims. Additionally, both misdemeanors and felonies are broken down further into different degrees with specified penalties. A skilled Florida criminal defense attorney can explain what you need to know about felonies and misdemeanors and help guide you through the state’s complicated laws.
What is a Misdemeanor?
Misdemeanors are crimes that are less serious than a felony. Florida Statute 775.08 defines a misdemeanor as any criminal offense that could be punished by imprisonment in a county jail for a year or less. However, the statutes note that noncriminal traffic violations like speeding are not considered misdemeanors.
While a conviction for a misdemeanor will result in less severe penalties than a felony, it can still cause significant difficulties in your life and should not be taken lightly. In addition to paying hefty fines and court costs, you could be sentenced to jail, probation, and/or community service if found guilty. Misdemeanor convictions will also appear on your criminal record. If you are subject to a background check for a job, a housing application, or a professional license, a misdemeanor on your record could cause challenges.
What are the Misdemeanor Classifications in Florida?
Florida law splits misdemeanors into two different categories of severity:
- Misdemeanors of the First Degree: These crimes are considered more dangerous than second degree misdemeanors and can be punished by up to a year in jail and a maximum fine of $1000. Examples of first degree misdemeanors include stalking, resisting an officer without violence, second offense petit theft, simple battery, and driving under the influence (DUI).
- Misdemeanors of the Second Degree: This classification includes acts such as disorderly conduct, first offense petit theft, driving without a valid license, and loitering. A conviction can be punished by a sentence of no more than 60 days in jail and up to a $500 fine.
What is a Felony?
Felonies are the most severe criminal offenses and may result in consequences that can range from a year or more of prison time up to the death penalty. Typically, felonies are violent crimes, but certain non-violent white-collar crimes, such as money laundering, identity theft, and embezzlement, can also result in felony charges. A felony conviction can stay with you long after your sentence is completed because it affects your voting and gun ownership rights. The stigma surrounding such a conviction can also impact your job opportunities and social life.
Felony charges in Florida are separated into five categories based on the seriousness of the crime. The charges for some felonies may be enhanced by certain aggravating factors, such as using a firearm or other weapon during the crime, engaging in repeat offenses, committing a crime against a victim with a disability, or perpetrating a hate crime. These acts typically increase the charges by one degree, so a third degree felony would be reclassified as a second degree felony, and so on.
Capital Felony
Normally reserved for cases of murder, capital drug trafficking, and armed kidnapping, capital felony convictions can be punished with life imprisonment without the possibility of parole. In cases involving murder, the prosecution may seek the death penalty. The defendant may also be required to pay restitution to their victim(s) or their families for the harm they have caused.
Life Felony
Life felonies include many types of violent crimes, including:
- Kidnapping
- Unpremeditated murder
- Accomplice to murder
- Armed robbery with a deadly weapon
- Molestation of a child under 12
Habitual offenders with multiple previous first degree felony convictions may also see their charges for a subsequent first degree felony increased to a life felony. A life felony conviction can result in a 40-year to life prison sentence, a maximum $15,000 fine, and an order to pay the victim(s) restitution.
Felony of the First Degree
A first degree felony is punishable by no more than 30 years in prison and a maximum fine of $10,000. Examples of first degree felonies in Florida include:
- Carjacking
- Human trafficking
- DUI manslaughter (if the defendant left the scene of the accident)
- Home invasion
- Aggravated assault
Felony of the Second Degree
Second degree felonies can lead to imprisonment in jail for a maximum of 15 years and up to a $10,000 fine. Typical crimes that fall into this classification include:
- Child abuse
- Sexual battery
- Selling marijuana to a minor
- Possessing a controlled substance with intent to sell
- Aggravated battery
Felony of the Third Degree
The lowest degree of felony, these crimes can be punished by a maximum penalty of five years in prison and a $5000 fine. Depending on the circumstances of the case, a defense attorney may be able to seek a downward departure to have these charges reduced to a misdemeanor. Third degree felonies include the following:
- Resisting an officer with violence
- Forgery
- Burglary of a car or uninhabited structure
- Possession of illegal drugs
- Operating a vehicle as a habitual traffic offender
Why Contact an Experienced Defense Attorney?
Criminal charges can have significant ramifications, whether you have been charged with a misdemeanor or felony. Your freedom, your livelihood, and your ability to provide care for your loved ones can be at risk if you are convicted of a criminal offense. Navigating Florida’s complex laws can be overwhelming for someone without extensive legal experience, and any errors handling your case can have substantial consequences for your future. By seeking immediate guidance from a knowledgeable criminal defense attorney, you give yourself the opportunity to reach the best possible outcome in your case. Contact DeMichael Law today at 863-216-1831 to schedule a free case evaluation.
