What are the maximum penalties for each level of crime in Florida?

Every Florida crime is assigned a degree by the statute that creates it, and two general statutes, sections 775.082 and 775.083, Florida Statutes, attach the maximum prison or jail term and fine to each degree. Some charges carry their own penalty rules on top of those limits, such as minimum mandatory terms, and DUI has a separate scheme of its own. This page puts the general limits in one chart and explains how felony sentences are actually calculated. For the charges Mr. Mead defends, see the criminal defense practice areas.

How is a penalty worked out, step by step?

1. Find the degree. The statute that creates the offense names its degree, or section 775.081 supplies one.
2. Check for reclassification. Some facts move a charge up a degree, for example carrying or using a weapon during a felony (s. 775.087(1)).
3. Read the maximum. Sections 775.082 and 775.083 set the ceiling for that degree, shown in the chart below.
4. For a felony, score the worksheet. The Criminal Punishment Code turns the offense, record and other factors into points that set the lowest permissible sentence.
5. Apply special rules. Minimum mandatory terms, habitual offender sentencing or a charge-specific scheme such as DUI can change the range.
6. The judge sentences within the range. Anywhere from the lowest permissible sentence up to the maximum, unless a valid reason supports a downward departure.

What is the maximum for each degree?

A noncriminal violation "does not constitute a crime" (s. 775.08(3)). Noncriminal traffic violations under chapter 316 are not misdemeanors either (s. 775.08(2)).

How is a crime's degree decided?

By the statute for that offense. Section 775.081 lists the felony classes (capital, life, first, second and third degree) and the two misdemeanor classes, and fills the gaps: a crime declared a felony without a degree is a third-degree felony, and a crime declared a misdemeanor without a degree is a second-degree misdemeanor. The degree can depend on facts the State must prove, so similar conduct can be charged at different levels. Burglary is a common example, discussed on our burglary defense page. Fraud charges also vary in degree, as our fraud defense page explains.

The difference between a misdemeanor and a felony is also where the time is served. A misdemeanor is punishable by up to 1 year in a county facility; a felony is punishable by death or imprisonment in the state prison system, and a person is sent to state prison only for a sentence that exceeds 1 year (s. 775.08(1), (2)).

Can the fine be higher than the chart?

Yes, in two situations: a court may impose a higher amount equal to double the gain the offender got from the offense or double the loss the victim suffered, or any higher amount a specific statute authorizes (s. 775.083(1)(f), (g)). Court costs are added on top of any fine, $50 for a felony and $20 for any other offense under section 775.083(2), and other statutes add further costs. For fines, "convicted" means a finding of guilt after trial or a guilty or no contest plea, "regardless of whether adjudication is withheld" (s. 775.083(1)). What a withheld adjudication does and does not change is explained on our page about withhold of adjudication in Florida.

How is a felony sentence actually calculated?

Felonies other than capital felonies committed on or after October 1, 1998 are sentenced under the Criminal Punishment Code (s. 921.002). Each felony is ranked at a level from 1 to 10 in the offense severity ranking chart (s. 921.0022), and a worksheet turns the case into points (s. 921.0024). Every part of the worksheet, and the grounds for a sentence below it, are explained in how a felony sentence is calculated in Florida.

Points are then added for additional offenses, victim injury, prior record and legal status, with multipliers for certain offenses. The total sets the floor, called the lowest permissible sentence (s. 921.0024(2)):

• 44 points or fewer: the lowest permissible sentence is any nonstate prison sanction, unless the court decides in its discretion that prison is appropriate, up to the statutory maximum.
• More than 44 points: subtract 28 and reduce the rest by 25 percent; the result is the lowest permissible sentence in months of prison. A total of 60 points, for example, works out to 24 months.
• The ceiling: the permissible range runs from the lowest permissible sentence up to the statutory maximum in the chart above.

One more rule helps some people charged with a lower-level felony. For a third-degree felony committed on or after July 1, 2009 that is not a forcible felony and not a third-degree felony under chapter 810, Florida Statutes, if the total is 22 points or fewer, the court must impose a nonstate prison sanction unless it makes written findings that this could present a danger to the public (s. 775.082(10)).

Do DUI and other special charges follow this chart?

Only partly. DUI has its own fine, jail, interlock and license rules in section 316.193, set out on our page about Florida DUI penalties. Other statutes add minimum mandatory terms or reclassify an offense to a higher degree in certain circumstances, so the chart is the starting point, not the whole answer. One example is the 3-year minimum term for a convicted felon found with a gun.

What changes the answer?

• A weapon or firearm. Unless a weapon is already an element of the crime, carrying, displaying or using one during a felony raises a third-degree felony to second degree, a second to first, and a first to a life felony, and the offense ranks one level higher (s. 775.087(1)). Carrying a concealed weapon can also be a separate charge, discussed on our concealed weapons page.
• Prior felonies. A habitual felony offender can face up to 10 years for a third-degree felony and up to 30 years for a second-degree felony, instead of 5 and 15 (s. 775.084(4)(a)).
• Online offenses. Some internet-based offenses carry their own degrees; using a computer to transmit identifying information about a minor to facilitate sexual conduct, for instance, is a third-degree felony under section 847.0135(2). Our internet crimes page describes how those cases are defended.
• Drug quantities. Possession and trafficking are graded by substance and amount; the general approach is on our drug offenses page. The degree for each possession charge is set out in drug possession penalties.
• Burglary and violence. The kind of place entered decides a burglary's degree, as explained in whether burglary is always a felony. A weapon or a serious injury raises assault and battery charges, compared in assault, battery and aggravated battery.
• Theft amounts. Theft of property valued at $750 or more, but less than $5,000, is grand theft of the third degree, a felony (s. 812.014(2)(c)1.). Our theft defense page explains how those cases are handled. The dwelling and property-type rules that also create felonies are in when theft becomes a felony in Florida.
• Repeat offenses. Some statutes raise the degree with each offense; the offense severity chart lists living on the earnings of a prostitute as a second-degree felony for a first offense and a first-degree felony for a second (s. 921.0022(3)). Our prostitution defense page covers related charges. Solicitation of prostitution is one example, rising from a misdemeanor to a second-degree felony, as shown in the penalties for solicitation in Florida.
• How the case ends. A withheld adjudication, a program or a plea to a lesser charge can change the result even when the maximum is high.

A worked example

For example, take a hypothetical third-degree felony charge with no weapon, no prior record and no other offenses. The chart puts the maximum at 5 years and $5,000. If the offense ranks at level 1, the worksheet starts at 4 primary offense points, and with nothing else to add, the total stays at 44 points or fewer, so the lowest permissible sentence is a nonstate prison sanction such as probation or county jail. If it is not a forcible felony and not a burglary-chapter offense, and the total is 22 points or fewer, section 775.082(10) requires a nonstate prison sanction unless the court finds in writing that this could endanger the public. If the same person had carried a firearm during the offense, section 775.087(1) would reclassify it to a second-degree felony, with a 15-year maximum, and rank it one level higher. This simplified illustration uses the statutes' own numbers and is not a prediction of any sentence.

Common mistakes people make

• Reading the maximum as the likely sentence; it is a ceiling.
• Assuming a misdemeanor cannot mean jail; up to 60 days or 1 year is possible.
• Overlooking court costs and other statutory costs added to any fine.
• Forgetting that a withheld adjudication still counts as a conviction for fines (s. 775.083(1)).
• Not checking whether a reclassification or habitual offender notice applies.

What to do this week

1. Find the exact statute number on the charging document.
2. Look up its degree and the maximum in the chart above.
3. List any prior convictions, in Florida or elsewhere, with dates.
4. Note anything that could reclassify the charge, such as a weapon allegation.
5. Speak with a lawyer before any plea is discussed; early steps are covered in the first 48 hours after an arrest.

Frequently asked questions

What is the difference between a misdemeanor and a felony in Florida?

A misdemeanor is punishable by up to 1 year in a county facility; a felony is punishable by death or imprisonment in the state prison system (s. 775.08(1), (2)). Felonies are heard in circuit court (s. 26.012(2)(d)).

Does a first offense get a lower maximum?

No. The maximum depends on the degree, not on whether it is a first offense. A clean record does affect the scoresheet points and the judge's choices within the range.

Can a felony be reduced to a misdemeanor?

Only by the State's charging decision or a plea to a different offense, which a judge must accept. Programs that can end a case early are described in pretrial diversion in Palm Beach and Broward.

Are fines mandatory?

The statutes set maximum fines for each degree; some offenses also carry minimum fines or mandatory costs in their own statutes. Court costs are added to any fine imposed (s. 775.083(2)).

What is a life felony?

For offenses on or after July 1, 1995, a life felony is punishable by life or a term of years not exceeding life, with some offense-specific exceptions, and a fine of up to $15,000.

How long will a case take?

Florida's speedy trial rule sets outer limits of 90 days for a misdemeanor and 175 days for a felony from the formal charge, unless waived or extended, as explained on our page about speedy trial deadlines.

How can Mr. Mead help?

The degree on the paperwork is the State's starting point. Whether the facts support that degree, how a scoresheet would be built, and what options exist before trial are the questions Mr. Mead works through with each client. He offers an honest assessment, and no outcome can be promised. For a confidential conversation about a charge in Palm Beach or Broward County, call (561) 362-6677, 24 hours a day.

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