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Florida Criminal Penalities
Florida divides crimes into misdemeanors and felonies. There are also municipal ordinance offenses.
Below is a basic chart of penalties in Florida. Please use this as a reference only. Remember that every case must be evaluated individually, and criminal penalties may be increased based on the person’s prior criminal history and the number of prior criminal offenses.
|Florida Criminal Penalties|
|Offense||Max Jail Time||Max Fine|
|2nd Degree Misdemeanor||60 days in jail||$500.00|
|1st Degree Misdemeanor||1 year in jail||$1,000.00|
|3rd Degree Felony||5 years in prison||$5,000.00|
|2nd Degree Felony||15 years in prison||$10,000.00|
|1st Degree Felony||30 years in prison||$10,000.00|
|Life Felony||Life in Prison||$15,000.00|
|Capital Felony||Punishable by Death||Does not apply|
What is a Misdemeanor in Florida?
Florida 1st Degree Misdemeanors are punishable by up to 1 year in jail and up to $1,000 fine. Florida 2nd Degree Misdemeanors are punishable by up to 60 days in jail and up to $500 fine. Misdemeanor offenses are handled in County Court. If the state charges a misdemeanor offense together with a felony, than a misdemeanor will be handled in Circuit Court. For example, if a person is charged with Possession of Marijuana of more than 20 grams (a 3rd Degree Felony) and with Driving While License Suspended or Revoked (1st offense – 2nd Degree Misdemeanor), than both of these offenses will be handled in Circuit Court by a felony prosecutor. In Florida, some misdemeanors can be expunged from your criminal record. If you need to expunge or seal a misdemeanor from your criminal record, you Jacksonville criminal defense lawyer can help.
What is a Felony in Florida?
All felony offenses in Florida are handled in Circuit Court. The maximum penalties for felonies are more than one year. All felony offenses are sentenced according to the Florida Criminal Punishment Code. The prosecutor will prepare a sentencing worksheet and calculate a number of points based on the person’s prior criminal history. This will determine if the person scores prison time and/or other minimum mandatory penalties. If the person scores more than 44 points, than he or she is subject to a minimum term of imprisonment. If a person scores less than 44 points, a judge is not required to sentence the person to prison, but can still do it.
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