Being arrested in Fort Lauderdale can leave you trying to make sense of unfamiliar terms while worrying about what could happen next. One of the first things you may need to determine is whether you’re facing a misdemeanor or felony. That distinction can affect the potential penalties, the court that handles your case, and the consequences a conviction could have on your future.
The difference between a misdemeanor vs. felony in Florida begins with how state law classifies the offense. Misdemeanors carry less severe maximum penalties than felonies, but even a misdemeanor conviction can mean jail time, fines, probation, and a criminal record. Knowing how the classifications differ can help you understand the charge against you and the decisions you may face as your case moves forward.
At a Glance
- Florida classifies misdemeanors as first-degree or second-degree offenses, while felonies are divided into five classifications ranging from third-degree to capital felonies.
- A first-degree misdemeanor is punishable by up to one year in jail, while a second-degree misdemeanor carries up to 60 days.
- Felony charges carry greater potential penalties, with a third-degree felony punishable by up to five years in prison.
- In Broward County, misdemeanor cases are handled by the County Criminal Division, while felony cases are handled by the Circuit Criminal Division.
- The charge initially listed at arrest may not determine how the case ultimately proceeds. The evidence, applicable law, and decisions made by prosecutors can affect the charges pursued.
What Is the Difference Between a Misdemeanor and a Felony in Florida?
Under Florida Statutes § 775.08, both misdemeanors and felonies are crimes. A misdemeanor is an offense punishable by incarceration in a county correctional facility for no more than one year. A felony is an offense that can be punishable by death or imprisonment in a state penitentiary.
Florida law further divides misdemeanor and felony offenses by degree. The classification establishes the maximum sentence available under the general penalty statutes, although other laws can impose different or additional sentencing requirements for particular offenses.
The particular criminal offense and its degree are important when evaluating the potential penalties you face.
What Are Misdemeanor Charges in Florida?
Florida recognizes two classifications of misdemeanor charges under Florida Statutes § 775.081: first-degree and second-degree misdemeanors.
Second-degree misdemeanor
A second-degree misdemeanor is punishable by up to 60 days in county jail under Florida Statutes § 775.082. The standard maximum fine is $500.
Although this is Florida's lower misdemeanor classification, a conviction is still a criminal conviction. Depending on the offense and circumstances, a sentence may also involve probation or other court-ordered requirements.
First-degree misdemeanor
A first-degree misdemeanor carries up to one year in jail and a standard maximum fine of $1,000. These penalties make it important not to assume that misdemeanor offenses are minor simply because they are not felonies.
The consequences can also extend beyond the sentence imposed by the court. A misdemeanor conviction can appear on a criminal record and may affect employment, professional licensing, housing, and other areas of your life.
How Are Felony Charges Classified in Florida?
Felony charges in Florida carry more severe potential penalties. Under Florida Statutes § 775.081, Florida recognizes five felony classifications: third-degree, second-degree, first-degree, life, and capital felonies.
Third-degree felony
A third-degree felony is punishable by up to five years in state prison and a standard maximum fine of $5,000.
Second-degree felony
A second-degree felony carries up to 15 years in prison and a standard maximum fine of $10,000.
First-degree, life, and capital felonies
A first-degree felony is generally punishable by up to 30 years in prison, although Florida law authorizes life imprisonment for certain first-degree felonies when specifically provided by statute. A life felony can carry a life sentence.
A capital felony is Florida's highest criminal classification. Depending on the offense and applicable sentencing law, it can be punishable by death or life imprisonment without eligibility for parole.
Because sentencing can depend on the particular offense, prior convictions, the Florida Criminal Punishment Code, enhancements, applicable mandatory minimums, and other factors, the degree of the felony does not by itself tell you what sentence would apply in a particular case.
What Determines Whether a Crime Is a Misdemeanor or Felony?
Florida statutes define the elements of individual crimes and establish their classifications. Conduct that sounds similar in everyday conversation can therefore lead to very different criminal charges.
Depending on the offense, factors that can affect the classification may include:
- The amount or value of property involved
- Whether another person suffered an injury
- Whether a weapon was possessed or used
- The identity or status of the alleged victim when the statute makes it relevant
- The type or quantity of a controlled substance
- Prior convictions
- Other circumstances specifically identified by Florida law
Prior convictions can change the classification of some offenses. For example, under Florida's petit theft statute, an offense that would otherwise be a second-degree misdemeanor becomes a first-degree misdemeanor when the person has one prior theft conviction. With two or more prior theft convictions, petit theft is a third-degree felony.
This is one reason you should look beyond the name of an offense when trying to determine its severity. The prosecution must establish the elements of the specific crime charged, and the evidence may affect whether the State can prove those elements.
How Are Misdemeanor and Felony Cases Handled in Broward County?
The distinction also determines which criminal court division maintains the case in Broward County.
The Broward County Clerk of Courts states that the County Criminal Division maintains misdemeanor cases, along with criminal traffic, municipal ordinance, and county ordinance cases. The Circuit Criminal Division maintains felony cases.
Regardless of the classification, a criminal case can involve several stages. Depending on the circumstances, these may include a first appearance, arraignment, pretrial hearings, negotiations with prosecutors, motions, and a trial.
Release conditions can also become an immediate concern after an arrest. Under Florida Statutes § 903.046, the purpose of a bail determination is both to promote the defendant's appearance at future proceedings and protect the community from unreasonable danger. A judge can consider the nature of the charge, weight of the evidence, prior record, community ties, financial resources, previous failures to appear, and other statutory factors when determining bail or release conditions.
What Are the Consequences of a Misdemeanor vs. Felony Conviction?
The difference extends beyond the amount of potential jail or prison time. Both misdemeanor and felony convictions can create a criminal record that may appear during background checks. Depending on the offense and your circumstances, a conviction can affect employment, housing, professional licenses, immigration status, and other areas of your future.
A felony conviction can carry additional consequences. Florida law restricts firearm and ammunition possession by people convicted of felonies, subject to limited statutory exceptions. A felony conviction can also affect the right to vote, serve on a jury, or hold public office. Florida has different requirements for regaining these rights depending on the right involved and, in some instances, the offense and completion of the sentence.
Florida law also allows a court to withhold adjudication in some criminal cases rather than formally adjudicating the defendant guilty. A withhold of adjudication can affect some consequences associated with a conviction, but it is not available in every case, and Florida law places additional restrictions on withholding adjudication for felony offenses.
The precise consequences depend on the charge, disposition, and other circumstances of the case. For that reason, you should not assume that every misdemeanor has the same long-term effects or that every felony case creates exactly the same restrictions.
Can a Felony Charge Be Reduced to a Misdemeanor in Florida?
A felony charge may sometimes be reduced to a misdemeanor, but reduction is not available or appropriate in every criminal case.
Whether it is possible can depend on the offense charged, the evidence, the facts surrounding the arrest, applicable Florida law, and the prosecutor's charging decisions. Weak evidence concerning an element of a felony offense may also affect how a case proceeds.
A criminal defense attorney in Fort Lauderdale can review the evidence rather than relying solely on the charge listed at the time of arrest. Depending on the case, a defense attorney may challenge evidence, seek suppression of unlawfully obtained evidence, dispute whether the prosecution can establish an element of the offense, negotiate with prosecutors, or prepare the case for trial.
What Should You Do If You’re Facing Criminal Charges in Fort Lauderdale?
If you’ve been arrested or accused of a crime, start by finding out the exact offense and degree alleged against you. Do not miss scheduled court appearances or violate bond or release conditions.
You should also be cautious about discussing the allegations with other people or posting about the case on social media. Statements you make after an arrest can create additional evidence for prosecutors to examine.
Speaking with a criminal defense lawyer can help you understand the potential penalties and the available options before making decisions that could affect your case. An attorney can examine what happened before and during the arrest, review the prosecution's evidence, and identify factual or legal issues that may support your defense.
Frequently Asked Questions
Is a misdemeanor a crime in Florida?
Yes. Florida Statutes § 775.08 defines both misdemeanors and felonies as crimes. A misdemeanor carries lower maximum incarceration than a felony but can still result in jail, fines, probation, and other consequences.
Can you go to jail for a misdemeanor in Florida?
Yes. A second-degree misdemeanor is punishable by up to 60 days in jail, while a first-degree misdemeanor is punishable by up to one year.
What is the lowest-level felony in Florida?
A third-degree felony is the lowest felony classification under Florida law. It is punishable by up to five years in prison and a standard maximum fine of $5,000.
Can a misdemeanor become a felony in Florida?
Some offenses may be classified differently based on the facts or a defendant's prior record when the applicable statute provides for it. The prosecution must have a legal basis for the felony classification.
Can a felony be reduced to a misdemeanor in Florida?
It may be possible in some cases, depending on the charge, evidence, applicable statutes, and negotiations with prosecutors. A reduction cannot be assumed simply because someone has no prior criminal record.
Does a misdemeanor or felony stay on your criminal record in Florida?
A criminal case can remain part of your record unless it qualifies for sealing or expungement and the required process is completed. Eligibility depends on several factors, including how the case was resolved and the offense involved. Not every criminal record is eligible to be sealed or expunged.
Get Answers About Your Criminal Charge From a Fort Lauderdale Defense Lawyer
An arrest can leave you with more questions than answers. You may not know whether you'll be able to go home, whether you could lose your job, or how much time you could face if you're convicted. Even a misdemeanor can have consequences that reach beyond the courtroom, while a felony charge can put your freedom and future at greater risk.
I'm Fort Lauderdale criminal defense lawyer R. David Williams, and for more than 25 years, I've defended people facing criminal charges throughout Fort Lauderdale, Broward County, Miami-Dade, and Palm Beach County. I'll personally review the allegations and evidence, explain the potential penalties, and develop a criminal defense strategy based on the circumstances of your case.
When you contact the Law Offices of R. David Williams, P.A., you'll speak with me directly. With a background in psychology, 5-star ratings on Google and AVVO, and staff fluent in English and Spanish, my law firm provides personalized legal representation throughout the criminal process.
Call (954) 522-9997 to schedule your FREE consultation, or complete our confidential online form to discuss your situation. Same-day responses are common, and after-hours support is available.
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