What Are the Minimum and Max Sentence for Misdemeanor in Florida?

Getting charged with a misdemeanor in Florida may not seem like the end of the world, but it can feel like it. Maybe you were accused of petty theft, domestic violence, DUI, or another offense that falls under Florida’s misdemeanor laws. You might have made a mistake. Or maybe someone called the police during an argument, and now you are caught up in the criminal justice system.

Either way, you’re likely wondering what comes next. Will you have to go to jail? What is the max sentence for misdemeanor charges in Florida? Can a misdemeanor go on your record permanently? Is there any way to avoid the worst penalties?

These are not just legal questions. They are personal ones, especially when you’re trying to keep your job, protect your family, and preserve your future. The truth is, even a single misdemeanor conviction can affect your life long after the case ends. But you still have options.

In this blog, Fort Lauderdale criminal defense attorney R. David Williams explains how Florida law defines misdemeanors, what sentences judges can impose, and how a strong defense can reduce the consequences you face. Whether you are dealing with a second degree misdemeanor or something closer to a felony offense, it helps to know where you stand and what you can do about it.

Common Misdemeanor Offenses in Florida

Before discussing penalties, let’s look at the types of criminal charges that are commonly filed as misdemeanors in Florida courts.

Some of the most common misdemeanor charges in Florida include domestic violence (misdemeanor battery), DUI (first or second offense), disorderly conduct, loitering and prowling, driving with a suspended license, marijuana possession (less than 20 grams), obstruction of justice, and retail theft. Even these “minor” charges can lead to jail, fines, and a permanent record if not handled correctly.

Now that you know the types of charges often filed as misdemeanors, it’s important to understand how Florida law categorizes these offenses and what penalties may apply.

How Florida Law Classifies Misdemeanors

In Florida, misdemeanor offenses are divided into two levels:

• First Degree Misdemeanor. Punishable by up to one year in county jail, up to one year of probation, and a $1,000 fine.
• Second Degree Misdemeanor. Punishable by up to 60 days in jail, six months of probation, and a $500 fine.

Florida Statute § 775.082 and § 775.083 outline these classifications.

Although less serious than felony offenses, misdemeanors still count as criminal offenses. They can appear in background checks, affect licensing, and impact your standing in the legal community.

Maximum Penalties You Could Face

Some charges carry the maximum sentence even if the conduct seems minor. If you’re convicted of a misdemeanor in Florida, here’s what you could face depending on the degree of the charge:

• First Degree Misdemeanor, you could face:
  • Up to one year in jail
  • One year of supervised probation
  • Fines up to $1,000
• Second Degree Misdemeanor, you could face:
  • Up to 60 days in jail
  • Up to six months of probation
  • Fines up to $500

Examples of these offenses include:

• Petty theft (items valued under $750)
• Reckless driving
• Simple battery
• Possession of drug paraphernalia
• First-time DUI

In some cases, a misdemeanor like DUI manslaughter may be upgraded to a felony, especially when there are aggravating circumstances.

Minimum Sentences and Discretion

There are no universal mandatory minimums for most misdemeanors, but the court may still order jail time. Sentencing depends on your criminal history, the seriousness of the offense, whether you plead guilty or go to trial, and the county where you’re charged.

In many cases, a misdemeanor defense lawyer can push for:

• Withholding adjudication (no formal conviction)
• Community service in place of jail
• Diversion programs for eligible first-time offenders

These alternatives can help keep a conviction off your record and avoid jail time, but they often require early negotiation and an understanding of how local courts handle sentencing.

How Sentencing Can Change with Prior Offenses

If you have prior convictions on your record, a new misdemeanor charge could result in harsher penalties. Repeat offenses often lead to longer jail time, and in some cases, they trigger mandatory minimums, particularly in certain drug offenses. The court has discretion to impose stricter consequences, especially if probation has been violated in the past.

Some misdemeanors may even be reclassified as felony offenses. For example, if you have multiple theft convictions, a new petty theft charge could be elevated to a third degree felony, exposing you to significantly more jail time and higher fines. Judges take your full record into account when sentencing, and prior violations can influence whether you receive probation or the maximum sentence for misdemeanor charges.

This is where working with a seasoned criminal defense attorney matters. Someone who knows criminal trial law and has handled cases in Fort Lauderdale, FL or nearby courts can present your background in the best possible light and develop effective defense strategies to reduce the impact of a prior record.

The Importance of Legal Representation

If you’re facing misdemeanor charges, do not wait until the last minute to speak with a lawyer. The right legal representation may help you:

• Negotiate a plea agreement with no jail time
• Challenge police procedures
• Suppress illegally obtained evidence
• Reduce a misdemeanor to a civil infraction or a non-criminal violation

Whether you’re at the beginning of your case or trying to avoid a harsh sentence, the right strategy can make all the difference.

Charged With a Misdemeanor? Your Defense Starts Here

My name is R. David Williams. I understand what you’re facing right now. For more than 25 years, I have defended clients across South Florida who found themselves up against the criminal justice system.

I know what’s at stake. Whether you’re facing a first degree misdemeanor or trying to avoid jail for a DUI, I will take the time to understand your case and fight for the best possible outcome. From negotiating plea deals to preparing for jury trials, I am committed to protecting your record and your future.

Your online search for a “misdemeanor attorney near me” brought you to this blog. You’re in the right place. Take the next step and call me at (954) 522‑9997 or complete the confidential online form to schedule your free consultation. Let us talk about your case and the best next step forward.

Knowledge | Experience | Integrity – R. David Williams

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The information in this blog post (post) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Law Offices of R. David Williams, P.A.
15 Southwest 10th Street
Fort Lauderdale, FL 33315
(954) 522-9997
https://dwilliamslaw.com/